Same-sex couples are less likely to have children — less than half the percentage when compared to their mixed-sex neighbors. However, as you may already know, it is typically complicated for spouses in a same-sex marriage to become co-parents, at least in terms of legal preparations.
This often puts an extra layer of complexity over custody disputes for our clients. We understand that, and are ready to advise and support in these types of situations.
Adoption is rarely simple, and California has some notable barriers — despite being an excellent state in general for same-sex family rights. It takes work and dedication to get through the process. We have seen multiple divorces in which parents feel like all of this hard work is falling apart.
We always approach the situation based on our client’s interests and goals. Most of the time, the desired result is creating the best possible future for the children. That is precisely what the custody process should do.
Many times, new people come into the children’s’ lives sooner or later. For many same-sex couples, especially in situations with close surrogate or donor biological parents, other family members are already a large part of the parenting process.
We work with our clients to preserve continuity when desirable. We also help develop structure for new caretakers going forward, when that is necessary.
Marriage and divorce in California are the same, regardless of the couple’s genders — at least in a strict legal sense. Practically, we find that same-sex divorces often require a more studied approach to custody negotiations, as well as more tenacious representation in litigation.