Child Custody Rights Between Same-Sex Partners in GA After a Divorce

When you’re half of a married same-sex couple, and you share a child with your spouse, you may face certain challenges regarding child custody that may be different from your married heterosexual friends when you get a divorce. Regardless of how similar your situation may be to that of traditional married couples, there may be nuances to child custody laws that apply to married same-sex couples.

Who Gets Custody of a Child in a Same-Sex Divorce?

Same-sex parents usually have the same child custody and visitation rights parents are granted when they get married and have children. In amicable divorces, couples typically come to an agreement about all their child custody issues. On the other hand, if you cannot agree on which one of you should have custody of your child, the court will step in to assess both parties’ arguments and determine custody.

How Do Courts Determine Custody Rights in a Same-Sex Divorce?

Courts will consider various factors based on the child’s best interests when determining which parent should be given custody. These include:

  • The affection, love, and emotional ties that exist between each parent and the child, and if applicable, the child’s siblings
  • Each parent’s ability to provide love, guidance, and affection to the child and to continue supporting the child’s education
  • Each parent’s familiarity and knowledge of the child’s essential needs
  • Each parent’s ability to give the child food, daily needs, medical care, clothes, and other basic comforts
  • Each parent’s home environment. The court will mainly be interested in seeing if the environment will promote the safety and proper development of the child instead of material or superficial factors.
  • Whether each parent can provide stable support systems through extended family and/or the community
  • The involvement of each parent in the child’s social, educational, and extracurricular activities
  • Each parent’s physical and mental health provided that a parent must not be denied child custody because of a disability (depending on the specific circumstances of the disability).
  • The child’s home, community, and school history and record, including any special educational or health accommodations and requirements
  • The employment schedule of each parent. The court will determine whether the parent’s working schedule is flexible enough to ensure the child’s proper care.
  • The ability of each parent to handle their parenting responsibilities
  • The ability and willingness of each parent to encourage a continuing and close child-parent relationship with the non-custodial parent
  • Any history and evidence of either parent’s substance abuse
  • Any evidence or history of family violence, physical, mental, or sexual child abuse, or criminal record of either parent

Consult with a Skilled Suwanee, GA, Georgia Same-Sex Family Lawyer Today

The laws regarding same-sex divorce issues, such as child custody, are constantly evolving. This is why working with our Suwanee, GA, same-sex family lawyer with experience representing same-sex couples is crucial to ensuring that you obtain the best possible results for your case. To arrange your free case consultation, contact the law firm of Banks, Stubbs & McFarland LLP online or call 770-887-1209.