Call Today

Hernandez & Associates Law Firm

Who gets custody in a same-sex divorce?

On Behalf of | Apr 12, 2022 | Family Law

Many things have changed since same-sex marriage became legal in 2015. With almost half of LGBT couples raising children, the issue of custody in a same-sex divorce can be contentious. Many same-sex couples may wonder who gets the children if they divorce.

How is same-sex child custody decided?

In any divorce, both partners have the option of coming up with a custody arrangement themselves. As long as they both agree and the child’s needs are met, they can choose to divide custody and child support in any way they wish. However, when a couple is not able to agree, the court will be forced to step in.

Typically, each spouse will have their divorce attorney submit their case to a judge who will make a decision where the judge will make their decision based on the best interests of the child. Most of the time, a judge determines that both parents will have equal time with the child, unless one of the parents is abusive.

Best interests of the child include:

  • Age of children
  • Social, emotional and educational needs of each child
  • History of abuse in relationship
  • Home environment of each parent
  • Capacity of each parent to meet the child’s needs
  • Child’s preference if they’re old enough
  • Relationship of each parent to the child

A legal professional who is skilled in Alabama divorce can help their client understand their options when it comes to same-sex divorce and child custody. They understand that their client is going through one of the worst times of their life and divorce and child custody laws can be confusing. Having an advocate to fight for your rights is important during this emotional time. An attorney will make sure your future and your child’s future is protected and that you’re able to make a fresh start.