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What If Only One Person Is the Biological Parent in My Same Sex Divorce in Michigan?

What If Only One Person Is the Biological Parent in My Same Sex Divorce in Michigan?

While same-sex couples are entitled to the same rights and protections as any other married partners in Michigan, they can face certain unique challenges when it comes to parental rights in the event of a divorce. In many same-sex marriages, only one person is the biological parent of the children, while the other parent shares a biological relationship with them. In such cases, answering vital questions about custody and visitation requires the assistance of a divorce lawyer with extensive experience handling same-sex divorces in Michigan.

Establishing Parental Rights for the Non-Biological Parent in Michigan

In Michigan, both partners in a same-sex marriage are considered legal parents of any child born during the marriage, regardless of biological ties. This means the non-biological parent has the same legal rights and responsibilities as the biological parent.

If a child was born or adopted before the couple married, the non-biological parent may need to take additional legal steps to establish their parental rights. One common approach is through second-parent adoption, which allows the non-biological parent to become a legal parent without terminating the parental rights of the biological parent.

Another option is to seek a court order confirming the non-biological parent’s parental rights. This process involves demonstrating that the non-biological parent has acted as a parent to the child and has established a parent-child relationship.

It is crucial for non-biological parents to have proper legal documentation solidifying their parental rights. Without this, they may face significant challenges in maintaining a relationship with the child or making important decisions on their behalf in the event of a divorce or separation.

Child Custody and Visitation in Same-Sex Divorces in Michigan

When it comes to child custody and visitation arrangements in same-sex divorces, Michigan courts prioritize the best interests of the child. This means that the court will consider various factors to determine the custody arrangement that will provide the most stable and nurturing environment for the child.

Some of the factors that courts may consider include:

  • The child’s relationship with each parent
  • The ability of each parent to provide a stable and supportive home environment
  • The child’s preferences (if the child is of a certain age)
  • The mental and physical health of the parents
  • Any history of domestic violence or substance abuse

The court may also consider each parent’s role in the child’s life and the potential impact of disrupting established routines and relationships.

Contact Selleck Legal, PLLC, Today

Child custody in a same-sex divorce in Michigan can be a complex and overwhelming issue. As such, it is critical to thoroughly familiarize yourself with the legal implications and seek professional assistance if you are a parent going through a same-sex divorce.

The seasoned team at Selleck Legal, PLLC, understands the unique challenges of same-sex divorce and is ready to provide compassionate and skillful legal assistance to optimize your chances of the favorable outcome you deserve. Call us today on (734) 729-4459 or contact us online for a confidential consultation to learn more about how we can help you.

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