Divorce, same-sex or otherwise, is never an easy process. It often comes with a lot of legal and emotional complexities. Same-sex divorce cases with shared children can be especially difficult when one parent is not the child's legal parent. Seeking custody as a non-legal parent may seem like an uphill battle, but it's not impossible.
Establish a Relationship with Your Child
To seek custody of a shared child as a parent without a legal link to the child, the first step is establishing a meaningful and ongoing relationship with the child. This can be challenging if you're not living with the child or if the relationship with your ex-spouse is strained.
However, building a strong bond with your child is crucial as it demonstrates your commitment and willingness to provide a stable and loving environment for them. This relationship can help prove that you are a primary caregiver and in the child's best interest.
Consider Legal Adoption
If you're not a legal parent, it's essential to establish some legal relationship with the child, such as adoption. Adoption gives you a legal standing and reinforces the bond with your child. You gain the right to make crucial decisions on behalf of the child and help shape the child's upbringing.
Emphasize the Best Interest of the Child
In any custody case, courts always prioritize the child's best interests. The judge will consider factors such as the child's age, health, education, and special needs. As a non-biological parent seeking custody, you must show that living with you is in the child's best interest.
You need to demonstrate that you've been involved in the child's life and that a sudden removal from your care will cause significant harm to the child. Evidence of good parenting skills, a stable environment, and a healthy relationship with the child can significantly increase your chances of securing custody.
Hire an Experienced Same-Sex Divorce Attorney
Seeking custody of a child as a non-legal parent can be challenging, but the right attorney can make all the difference. You should work with an experienced same-sex divorce attorney who understands the nuances of these types of cases. The attorney can guide you in establishing legal guardianship or adoption, preparing arguments, and representing you in court. The attorney can also help you understand your legal rights as a non-legal parent and work with you to ensure your child's best interest.
New York Family Law Attorneys
Seeking custody of a shared child as a non-legal parent is possible. Still, you'll need to take specific steps to prove that you are the child's primary caregiver and demonstrate that living with you is in the child's best interest.
At Friedman & Friedman PLLC, Attorneys at Law, our family law attorneys can help you fight for custody of your child and advocate for your preserved bond. Call us today at (516) 688-0088 to schedule a consultation with a team member.