NEW YORK, August 5, 2011 (NYDN) – Same-sex marriage cases and adoption cases often go hand in hand. With New York’s recently passed same-sex marriage law, couples in the state are seeing new benefits and new complications regarding child custody. Looking at some of the cases moving through other state courts can give New Yorkers a greater understanding on how they can share custody after being granted same-sex divorce.
One case in Ohio, described by The New American, explains why some New Yorkers are worried. In Ohio court, a woman, Kelly Mullen, was granted sole custody of the daughter she gave birth to in 2006. Her former partner, Michele Hobbs, shared parenting and financial responsibility until the couple broke up in 2007. The court, however, did not allow her shared custody.
A major argument in favor of granting sole custody to the birth-mother was the fact that she did not, at any time, sign any formal shared custody agreement. Her attorney stated, “The court recognized that parents have a constitutional right to raise their children…and those parental rights can be limited or terminated. A nonparent has no constitutional [parental] rights.”
This and other cases reveal that child custody decisions often stem from earlier legal decisions made by the couple. Though emotional and financial support certainly play a key role in a child’s life, for lesbian couples the non-birth parent must also try to get formal legal responsibility through a “second-parent” adoption. By formally adopting the child, as early as possible, the non-birth parent is making preparations in for the child’s future regardless of whether or not the couple stays together. In the advent of an emergency, the non-birth parent’s family also has legal responsibility for the child. It also makes issues such as insurance and financial aid easier. Though the new law does not require “second-parent” adoption, it can also be useful if the couple decides to move out of New York and into a state that does not recognize same-sex marriage.
Ultimately, in terms of child custody, the new legislation creates stronger relationships and opportunities to start a family. As discussed in the Associated Press, New York State allowed unmarried couples, both gay and straight, to adopt before the enforcement of the new same-sex marriage law. Experts say, however, that getting married can help same-sex couples who are looking to adopt a child in the future because it shows loyalty and financial responsibility.
Rumaan Alam, 33, of Brooklyn, plans to re-marry his partner, David Land. They had gotten married in California, adopted a boy and are now looking for their marriage to be recognized in New York. Alam explained their desire to be married in New York as a way to better their son’s life as well. “He’s going to go to school and know that he doesn’t have a mommy and daddy like other kids. We think it’s something important for him being able to say, ‘Well, at least my Dad and my Papa are married the way that everyone else’s parents are.’”
Related posts:
- Study Finds Strong Public Support for Equal Child Custody Post Divorce
- Understanding Joint Custody in New York
- Woeful Gay Divorceés Require Legalization of Same-Sex Marriage
- While Same-Sex Couples Rejoice, Divorce Attorneys Anticipate Chaos
- Equality for All as New York Legalizes Same Sex Marriage