In Same Sex Relationships, Child Custody Issues Are the Same
Separating same-sex couples with children face the same child custody issues that married couples face in a divorce. When deciding parenting time in a custody dispute, Southern California family law judges will often order a child custody evaluation by a professional and will base their final decisions on the best interests of the child.
In child custody disputes involving same sex parents, the judge will consider factors such as:
- Parents' wishes: Do the parents agree on who should retain primary custody? Is one of the parents the natural mother or father of the child?
- Child's wishes: Is the child old enough to express a preference?
- Primary caretaker: Who has taken primary responsibility for daily physical care of the child? Who has taken responsibility for ensuring education, activities, emotional and social growth?
- Interaction with others: Will the child suffer loss of companionship, social connections if custody is awarded to a particular gay parent? Do the parents' extended families play an important role in the child's life?
- Parents' capacity: Will a gay parent outside of the original relationship be able to continue a supportive, nurturing role as a single parent?
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Contact one of our three convenient offices in Riverside, Palm Desert and Irvine to arrange a free consultation with an attorney on our family law team today. We understand the legal concerns of same sex parents in Southern California. We will provide a full assessment by a lawyer of your case and help you decide which options are best for your child.
