LGBT+ Parental Rights in Georgia
The legalization of same-sex marriages introduced new questions around the parental rights of LGBT+ parents.
The dissolution of any marriage can be challenging for the entire family. Issues around custody and child support need to be addressed in order to protect the interests of children.
Understanding Georgia’s family laws as they relate to LGBT+ parents helps you protect your family’s wellbeing and avoid costly legal issues.
Same-Sex Marriage and Divorce
The laws that apply to same-sex marriages are always evolving. Consulting with an experienced family law attorney who understands LGBT+ parental rights helps you choose the legal strategy you need.
Same-sex parents typically have the custody and visitation rights that are granted to all parents when they have children after they’ve been married. In a divorce, couples often come to an agreement around child custody and other issues.
But if a married couple can’t come to an agreement, family law court judges must evaluate the arguments of both parties to determine who will have legal and physical custody.
You need to gather and submit the evidence that supports your case so you get the outcome you want.
If only one parent is biologically related to the child, the non-biological parent may not have the same custody rights. A family law attorney can help non-biological parents adopt or secure custody and visitation rights.
Transgender Parental Rights
There are legal issues that can arise for transgender parents. Every case is unique depending on whether a parent has had a child biologically or through adoption.
A surrogate parent may have been used, which can also influence family laws related to transgender parents.
Some transgender parents transition after getting married and having children. But their spouses may use this as a reason to ask court judges to limit or deny child custody and visitation rights.
So transgender parents need to understand how family laws can impact their parental rights in a divorce. Family court judges don’t always understand the unique needs and concerns of the transgender community.
A transgender parent who doesn’t have a biological relationship to a child needs to secure a parentage judgment or complete the adoption process soon after the child’s birth.
Unmarried couples can also come up with an agreement that outlines each partner’s rights and responsibilities to the child. This may not secure your legal rights in a court of law, but court judges may consider agreements when deciding on custody and visitation rights.
Protecting the Parental Rights of the LGBT+ Community
In Georgia, child custody and support disputes among LGBT+ parents can present new questions and challenges. Parents who want to continue to support the wellbeing of children need to understand their rights as parents under the state’s laws.
Family law courts prioritize the best interests of children in custody and child support disputes. LGBT+ parents must take the legal steps they need to secure their rights and protect their families.
Avoiding litigation eliminates costly legal fees and the emotional turmoil that can occur when parents divorce. Non-biological parents can take steps to become recognized as legal parents.
Courts recognize the importance of having two parents present in a child’s life. Determining who has physical and legal custody while ensuring that children get the financial support they need is the first step in providing your family with the security they need.