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When Same-Sex Divorces Involve Children

Being able to legally marry proved to be a major step forward for LGBTQ couples. Much like with a heterosexual divorce, however, there is the possibility of having to contend with divorce and its legalities.

If it comes to child custody agreements and parental rights, same-sex couples who married and then expanded their family with children may have special issues. For example, only one parent may be biologically related to the child. This may complicate matters as it could mean that one of the parents may not be able to seek shared custody.

There is a possibility for a new spouse or wife to formalize their relationship with the child by adoption, whether one parent has a biological child from a prior relationship or had already taken a child into their family.

If no one else has parental rights for the child or the other parent chooses to relinquish their parental rights and obligations, an unrelated partner of a parent who has biological ties may decide to formalize their relationship with that child. Adoption in this form may give the new parent visits or custody but it will also place an obligation to provide for the child.

This update is provided by the firm and Miami family law lawyers of Rafool, LLC. We have a strong reputation throughout Florida and we have numerous years of experience representing clients involved in complex divorce cases as well as other family law matters. Should you have any domestic or family issue, we are here to assist you by providing educated advice and skilled, professional advocacy. Call 305-567-9400 to speak with one of our family law attorneys Miami.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

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