If you and your partner are bringing up a child together, you'll want to do everything you can to protect your relationship with the child in the event you and your partner split up. The best way to approach this issue will vary greatly, depending on your relationship with your partner and child, and local laws and customs.
In some states, same sex partners can jointly adopt a child. If this alternative is available to you, it gives you the legal status any biological parent would have.
If your partner is the biological parent of the child, you may also be able to adopt the child through what's called a "second parent" adoption. Your ability to do this will depend on state law and whether the child's other biological parent is willing to relinquish parental rights to the child.
If adoption isn't possible for you, you'll definitely want to enter into a written "parenting agreement" with your partner, including such details as:
•That both of you consider yourselves the parents of the child, with all the rights and duties that come with parenthood
•That should your relationship not last, both of you intend that the parenting relationship with the child would continue, with regular visitation time with the child and joint parenting responsibilities
Court views on whether a same-sex partner should be entitled to continue a parenting relationship with a non-biological child vary greatly, depending on state laws and local biases. Some courts flatly refuse to even consider legally formalizing such a relationship.
Because of the uncertainties and the tremendous stress any litigation brings, it's a good idea to try to work out an agreement with your ex-partner short of taking the issue to court. Hiring a mediator to negotiate a settlement is often a good idea, and can also resolve any property issues at the same time.
Eric M. Gansberg is your #1 source for same sex parenting laws in New York and Staten Island! He has the background and experience to make sure that your needs as a same sex family are met first. Choose Eric M. Gansberg for all your same sex parenting laws needs!
In some states, same sex partners can jointly adopt a child. If this alternative is available to you, it gives you the legal status any biological parent would have.
If your partner is the biological parent of the child, you may also be able to adopt the child through what's called a "second parent" adoption. Your ability to do this will depend on state law and whether the child's other biological parent is willing to relinquish parental rights to the child.
If adoption isn't possible for you, you'll definitely want to enter into a written "parenting agreement" with your partner, including such details as:
•That both of you consider yourselves the parents of the child, with all the rights and duties that come with parenthood
•That should your relationship not last, both of you intend that the parenting relationship with the child would continue, with regular visitation time with the child and joint parenting responsibilities
Court views on whether a same-sex partner should be entitled to continue a parenting relationship with a non-biological child vary greatly, depending on state laws and local biases. Some courts flatly refuse to even consider legally formalizing such a relationship.
Because of the uncertainties and the tremendous stress any litigation brings, it's a good idea to try to work out an agreement with your ex-partner short of taking the issue to court. Hiring a mediator to negotiate a settlement is often a good idea, and can also resolve any property issues at the same time.
Eric M. Gansberg is your #1 source for same sex parenting laws in New York and Staten Island! He has the background and experience to make sure that your needs as a same sex family are met first. Choose Eric M. Gansberg for all your same sex parenting laws needs!
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