Following the U.S. Supreme Court’s decision in United States v. Windsor numerous states have lost cases where they were defending their bans against same-sex marriage, resulting in a majority of states now allowing same-sex couples to marry. In the wake of such a tidal change in marriage laws, it has been very easy to focus on celebrating those victories for equal rights.
Those victories have allowed same-sex couples to participate in all of the rights, responsibilities, joy and pain that heterosexual couples have been privy to through marriage, divorce and all of the other related family-law issues. One of the issues that may create some difficulties for same-sex couples is that of child custody.
Same-sex couples who have started families may face complicated questions and difficult issues when they attempt to divorce or separate. The fact is that while same-sex marriage is legal in Washington, the family courts may be unsure how to proceed with a particular child custody situation.
The courts work to serve the best interests of the children in child custody cases, but they may have outdated preconceptions about what that means.
Same-sex family law is a rapidly developing area of the law. Ensuring that you are able to protect your relationship with your child and achieve your goals regarding child custody calls for you to work with an attorney who knows the family courts and who is staying on top of developments in the law. You owe it to yourself and your child to get help from someone who understands your situation and the laws that apply to you and your children.