During divorce proceedings, you may have many questions about what to expect, and how certain factors could impact your case. If you have questions about Will County same-sex parenting considerations, consult a qualified same-sex divorce attorney. Your lawyer could devote the time and resources necessary to achieve a positive outcome for you.

Shared Custody Between Biological and Non-Biological Parents

One of the Will County same-sex parenting considerations that may come up in a divorce case is the issue of shared custody. When a non-biological parent wants to share custody with the biological parent outside of marriage, that could be somewhat complicated. The standard of the law says that a child born to the marriage is presumptively a child of the marriage. The starting point is that both parents are the actual parents of the child. A biological parent is a little bit easier to identify. When a man and a woman are married, the man is presumed to be the father of a child born during the marriage.

The same principle applies to a same-sex couple. If a child is born or adopted during the marriage, both parents are presumed to be the parents of the child. In a same-sex situation, the parties may enter into some contracts.

Laws Regarding Surrogacy

When there is a surrogacy, there are specific laws regarding surrogacy within Illinois. It might be best to contact an attorney to discuss the specifics because it not a situation that occurs on a regular basis so it is important to look at the law and find out how it might relate to the particular circumstances. There is no presumption that the mother is more entitled to raise a child than the father.

There is no presumption that the biological parent is entitled to raise a child over the non-biological parent. When a child is considered and adopted, it is afforded the same protections as the biological child. Whether parties adopt, or one party is a biological parent, the same rules apply.

Potential Complications in Same-Sex Custody Cases

Same-sex parenting is not necessarily any more complicated than a traditional parenting situation. It is no different than a heterosexual relationship because the law says that everyone should be afforded equal rights and protection. Child custody negotiations should be treated based on the factors of the case and evaluating the interactions of the parents with the children. Will County same-sex parenting considerations are similar to the considerations taken into account in heterosexual divorces.

Importance of Working With a Will County Same-Sex Divorce Attorney

If a person is considering a divorce, they should consult a same-sex divorce attorney. An individual should have a lawyer who has experience with divorce litigation and with the individual’s specific issues. For example, if a person has a child custody issue, they should have a lawyer who has some experience with child custody. That is why it is important to work with an attorney that has experience dealing with Will County same-sex parenting considerations in divorce cases. A skilled same-sex divorce attorney could work diligently to achieve a positive outcome for you.