HomeBlogChild CustodyChild Custody and Divorce Issues for LGBTQ + Parents

Child Custody and Divorce Issues for LGBTQ + Parents

Since June 2011, same-sex couples in Illinois have had the legal right to enter civil unions, and since June 2014, they’ve had the legal right to marry. The same rights, responsibilities, and obligations apply to same-sex married couples as apply to opposite-sex married couples, which means that divorce issues for LGBTQ + couples, including child custody concerns, are just as challenging as they are for any other divorcing couple. 

If you are facing an LGBTQ + divorce and have issues related to child custody, don’t wait to discuss the matter with a trusted Illinois divorce attorney who has a wealth of experience helping LGBTQ + clients successfully navigate the divorce process with their parental rights intact. 

When Both Spouses Are on the Child’s Birth Certificate

When one parent is a biological parent of the child, they have an automatic legal right to child custody, which breaks down to both parenting time and decision-making, which encompass parental responsibilities in the State of Illinois. If the other spouse is also on the child’s birth certificate, the child custody claim will continue just as it would in any other divorce. 

A Note about Marriage

When a same-sex couple is married at the time of a child’s birth, and one spouse is the biological mother, both spouses are presumed to be the child’s legal parents. When the biological father of a child is married to another man at the time of his child’s birth, however, the same is not true. In this situation, the father’s spouse can only establish legal parenthood of the child through adoption.

When Only One Spouse Is on the Child’s Birth Certificate

When only one spouse is on the child’s birth certificate – whether they are a biological or adoptive parent – the matter of child custody becomes more complicated. In this case, the parent (whether on or off of the birth certificate has the right to petition the court to establish paternity), which puts them at a considerable disadvantage and can make matters especially contentious.

Seek the Legal Guidance of an Experienced Illinois Divorce Attorney Today

The practiced Illinois divorce attorneys at WARD FAMILY LAW, LLC, can help you address your challenging child custody concerns in the face of an LGBTQ + divorce head-on. You have important parental rights that are well worth protecting, so please don’t delay contacting us for more information about what we can do to help today.



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