Even though fathers are gaining custody in 50 percent of divorce cases, there are still reasons fathers lose custody of their children. In the past, mothers automatically received custody simply because they were the primary caretakers, but not anymore. Child abuse is the number one reason that a parent loses custody of their children. Abuse can be anything from physical abuse, sexual abuse, neglect, or even leaving a child in a car unattended. If there is a history of abuse by a parent against any child , then that will be brought to light in the custody hearings. Signs of child abuse include scars, bruises, cuts, marks, broken bones, or even outbursts or behavioral changes from the child.
Divorce and Child Custody: Everything You Need to Know
Child Custody and Support for Same-Sex Parents | Justia
Are the loving bonds gay and lesbian couples share with their children legally protected? There is an increasing body of litigated lesbian custody cases, and from the early returns it appears that these custody disputes will be just as ugly as heterosexual ones. Lesbian biological moms often seek to exclude their former partners--the social mothers--from their children's lives after divorce or separation. To date the courts have done a poor job of protecting the rights of lesbian social mothers. Sometimes social mothers' court-ordered parenting time is denied or impeded.
Child Custody for Lesbian and Gay Couples Getting Divorced
Similarly, divorcing LGBT couples in New Jersey have the same child custody rights as any other couple — gay or straight. When drafting a child custody arrangement in New Jersey, you have a few options. Similarly, mediation offers a more amicable solution to very complex, emotional issues. Unfortunately, many divorcing couples fight themselves in heated battles over various things — including child custody and child support.
LGBT relationships are still a relatively new construct in a legal system that has traditionally been focused almost exclusively on two-parent, opposite gendered relationships. Some courts lag behind in addressing custody issues with same-sex partners, mostly due to inexperience and inconsistency in the laws. Because same-sex parents cannot biologically birth children together, the legal definition of who qualifies as a parent is more complex in LGBT custody cases.