Child Support Litigation Complicated in Dissolution of Same-Sex Relationships

Divorce and separation often involve the legal review of child custody and the issues of financial support for children. While most states outline the child support management for children of divorcing parents, and the support for children of unmarried parents, there is a unique classification that many states fail to address.

With the increase in the number of same-sex relationships, courts are faced with issues addressing child custody, visitation and child support of children who are party to the dissolution of the same-sex relationship. Because so few states allow for the legal union of same-sex partners, the family law courts are now working through the matters of child support and child custody for relationships that never involve an element of legal marriage.

If you are involved in a same-sex relationship that includes the care of children, it is important to understand how your jurisdiction may handle the issues of child custody, child visitation and child support should your relationship become dissolved. While it would seem that most couples would simply agree on joint custody and equal visitation, the complications may arise when a child is born after the union of your relationship, and is biologically connected to one partner in the relationship. For the non-biological partner, the issues of child support and child visitation can be complicated.

Where heterosexual couples often find child support the obligation of the biologically related parents, in same-sex couples, this biological connection may be lost. To offset this complication, many same-sex couples are turning to legal assistance in determining child relationships and obligations before even having children; and this may be an issue you will want to address. If you reside in a state that does not permit same-sex marriage, you may want to ask an attorney about your options for establishing parental rights for a child that is either adopted or a child that is born as part of your relationship.