Family Law Issues Same-Sex Parents Sometimes Face

 Posted on October 06, 2016 in Family Law

Although same-sex marriage is legal throughout the United States and Illinois law was recently amended to allow same-sex parents to become legal parents to any child born or conceived during their marriage, there are still certain issues that same-sex parents can face that do not affect heterosexual parents or, if they do affect heterosexual parents, do not affect them as widely or as profoundly. In the divorce process, same-sex couples are treated identically to heterosexual couples – or ideally, should be. Sometimes, a biased judge can make unfair rulings, requiring the couple to take time to appeal the ruling in order to receive fair treatment. If you are a parent in a same-sex relationship who is divorced, preparing to divorce, or working through another legal issue like modifying an established court order, discuss any specific issues you might face with your family lawyer before you proceed.

Legal Parentage of Your Children

In 2015, the Illinois Parentage Act was altered to be more inclusive of same-sex couples. Now, any child born or conceived during a couple's marriage, regardless of the couple's genders, is legally the child of both parents.

This was not always the case. Previously, a child's non-biological parent needed to adopt him or her to be his or her other legal parent. If you and your partner did not do this, you could face issues seeking child support or establishing a parenting time or parental responsibilities arrangement because legally, the non-biological parent has no right to the child. If you are in this situation, speak with a family lawyer about establishing your child's legal parentage as soon as possible in order to ensure that both parents have equal rights to him or her.

Bias in the Court System

It is also possible to face a biased judge or other biased members of the legal system that can make the process much more complicated for you. If you feel you were treated unfairly in court or by any of the professionals involved in your divorce, such as a child custody evaluator, speak with your lawyer about your experience to determine the best way to rectify the issue. If you are your child's legal parent, you have the same legal rights that a heterosexual parent has to their child – assert these rights by taking a stand if you face bias or any type of discrimination.

Work With a Kane County Family Lawyer

If you are a parent facing any legal issue, such as establishing parental responsibilities or a parenting time agreement or divorcing your spouse, work with an experienced Kane County family lawyer who can protect your rights and advocate for your interests. To learn more, schedule your initial legal consultation with a member of the Goostree Law Group. We represent all types of families and can answer any questions you have about your specific case.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

https://www.law.cornell.edu/uscode/text/28/144