In a move that will protect the rights of families formed by gay couples, the New York Supreme Court recently reversed course on a long-standing ruling which had made it all but impossible for same-sex couples to resolve custody disputes in court.
In the past, New York only recognized parties that were either biologically related to a child or those who had legally adopted children as parents. For many gay couples raising children together, a separation sometimes resulted in one parent losing access to the children because of the strict interpretation.
With the passage of the new ruling, a partner can now seek visitation and custody if there is “clear and convincing evidence that the parties agreed to conceive a child and to raise the child together.” The court also recognized the possibility of awarding custody to those who enter the life of a child after birth.
If you have a LGBT family law matter, contact a Libertyville same-sex marriage & family law attorney for help. The Law Offices of Ronald L. Bell proudly serves and protect the rights of Lake County and Northern Illinois same-sex couples in divorce, child custody disputes and property division settlements. Call today 847-495-6000 or contact us through email.
Source: The Wall Street Journal, “New York Court Redefines Parenthood to Protect Same-Sex Couples”, by Sara Randazzo, August 30, 2016.