Same-sex and Non-traditional Families Attorney in White Plains, New York

What unique issues arise in same sex divorce?

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the law has been more supportive of
same-sex divorce however the main issue
that I see that comes up is related to
Children especially if it’s not a child
that’s born during the marriage because
then there’s no presumption that both
parents are the legal parent of the
child or children and so the main
complexity that parents in a same-sex
marriage may have is if they’re not both
the biological parent and in that they
both have legal rights to that child or
the children

Westchester, NY family law attorney Andrea B. Friedman talks about the unique issues that arise in same sex divorce. She notes that while the law has become increasingly supportive of same-sex divorce, a common issue arises concerning children—particularly when the child was not born during the marriage. In such cases, there is no automatic presumption that both spouses are legal parents. Consequently, the primary complexity for same-sex couples often involves establishing legal rights and responsibilities when only one spouse is the biological parent, ensuring that both have recognized legal standing regarding the child or children.

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