Skip to Content

Child Custody and Same-Sex Marriages

Female gay couple and daughter having dinner in their kitchen

June is Pride Month, a time when the LGBTQIA+ community comes together to celebrate their progress and accomplishments. This year, we want to take a moment to talk about how child custody is impacted by same-sex marriages. Unfortunately, many challenges still exist for same-sex couples who are divorcing. We will explore some of these issues in this blog post and provide some advice for those who are facing them.

Lack of Specific Laws

One of the biggest challenges for same-sex couples is that there is no clear legal precedent for child custody cases. This can make it very difficult to predict how a judge will rule in a particular case. Additionally, many states do not have laws that specifically address child custody in same-sex marriages. Existing laws were created for and are aimed toward traditional couples and families, failing to account for the unique circumstances of same-sex couples and their dynamics. This can create even more confusion and uncertainty when going through a divorce.

The Question of Parentage

When a married heterosexual couple decides to have a child, parentage is simply established at the time of birth. However, same-sex couples must find other alternatives if they wish to have a child, as biological pregnancies are not always an option. This means that many same-sex couples will opt for adoption or surrogacy in order to fulfill their desires to establish a family. Furthermore, some same-sex couples will have started their families prior to the legalization of their marriage. This can further complicate establishing parentage for custody arrangements.

Attorneys That Understand

If you are in a same-sex relationship and are considering divorce, we recommend seeking out an experienced attorney who can help you navigate the complications you may face. While it is true that many challenges still exist, the recent legal advancements made help make the process easier for same-sex couples. With the right legal guidance, you can ensure that your rights are protected and that you have the best possible chance of maintaining a relationship with your child.


Contact Law Office of Tiffany L. Andrews, P.C. at (916) 794-4576 to set up a consultation today.