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Are Child Custody Matters Treated Differently In A Same-Sex Divorce?

New York is at the beginning of a sea change in its legal understanding of parenting, spearheaded in large part by same-sex families who are raising children.

The growth of married families with children who have been adopted, conceived through sperm donation or surrogacy, or who were delivered after IVF treatment, is causing the courts to face a new development in what constitutes a family.

In the past, it was easy enough for New York courts to presume that a husband had paternal responsibilities for his wife’s children, but so far, only one New York court has ruled that a non-biological parent in a same-sex marriage is a parent equal to the biological parent.

These issues are evolving in real time, and that can cause additional strain and costs when it comes to same-sex divorce.

At Zelenitz, Shapiro & D’Agostino, we excel at negotiating terms between divorcing spouses, but it isn’t always possible to negotiate an acceptable outcome to such sensitive matters.

When more is required, we are steady advocates for our clients’ rights, and will fight for you every step of the way.

Call us today at 718-523-1111 for a free consultation with child custody attorneys who understand the uncertainties of same-sex divorce law today.