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Understanding child custody and support in same-sex divorce

On Behalf of | Jul 11, 2024 | Child Custody, Divorce |

Divorce is never easy for any couple, and for same-sex couples, there can be more unique challenges involved. One of the most crucial aspects to address is child custody and support.

In same-sex marriages, legal parentage can sometimes be more complex than in heterosexual marriages. If both parents are legally recognized, they have equal rights and responsibilities. However, if one parent is not legally recognized, they may face challenges in securing custody or visitation rights. It is important to take steps to ensure both parents have legal standing.

Types of custody

There are two main types of custody: physical and legal. Physical custody refers to where the child lives, while legal custody involves decision-making authority regarding the child’s upbringing. Courts prioritize the child’s best interests when determining custody arrangements. Factors include the child’s relationship with each parent, the parents’ ability to provide a stable environment and the child’s preferences if they are old enough to express them.

Same-sex couples may face unique challenges. For instance, if only one partner is the biological parent, the nonbiological parent might struggle to secure equal custody rights without prior legal steps.

Child support guidelines

Massachusetts has specific guidelines for calculating child support that consider both parents’ incomes and the child’s needs. These guidelines help determine the appropriate amount of support. However, circumstances such as differences in income or nonbiological parentage may require special consideration.

Seek professional guidance

Child custody and support issues in a same-sex divorce can be overwhelming and emotionally taxing. While the legal landscape is constantly evolving, you deserve to have your rights protected. Consulting with an experienced family law attorney can provide you with the clarity and support you need during this challenging time. A legal professional can offer personalized advice and help you achieve the most favorable outcome for you and your child.

Remember, you do not have to face this alone. The right legal support can make a significant difference in resolving your case with care and understanding.