Thomas Law OfficesCompassionate Guidance. Powerful Legal Advocacy.
Call Today For a Free Consultation
LA 818-538-8637 OC 949-342-8426
Menu
Practice Areas

Resolving custody issues in same-sex divorce cases

Given that is has been only in recent years that same-sex marriages have been legally recognized in the U.S., it may come as little surprise to learn that much confusion still surrounds the application of family law principles to such unions. Yet the growth of such marriages has prompted the need to develop appropriate interpretations of statutes related to marriage and the family. Indeed, the Pew Research Center reports that there may be up to 71,165 legally married same-sex couples in America. With this rise in same-sex marriages has also come an increase in same-sex divorces, which has forced California lawmakers to rule on how laws such as child custody and support apply to these cases. 

The issue of custody (and, by extension, child support) as it applies to same-sex couples has encountered obstacles in its interpretation due to the unique nature of the parent-child relationship in such cases. Typically, only one parent has a biological connection to the children, which may call into question the role the other should have in visiting and supporting them should the couple split. In the past, custody rulings in such cases tended to favor the biological parent, excluding the other from any visitation rights. At the same time, due to the other parent not having a biological link to the children, courts were often hesitant to require him or her to pay child support. 

That all changed (at least in California) in 2005, when the state Supreme Court ruled to extend the "best interest of the child" standard established in section 3011 of the California Family Code to same-sex couples. Now, the same factors used to determine custody in traditional divorce cases are applied to those involving same-sex couples. The same is true when determining if one parent in a same-sex relationship should pay child support. 

No Comments

Leave a comment
Comment Information
818-538-8637
949-342-8426

Woodland Hills Office
21800 Oxnard Street
Suite 850
Woodland Hills, CA 91367

Toll Free: 818-538-8637
Phone: 949-342-8426
Map & Directions

Newport Beach Office
620 Newport Center Drive
Eleventh Floor
Newport Beach, CA 92660

Toll Free: 949-342-8426
Phone: 949-342-8426
Map & Directions

  • Best Attorney in the Valley!

    Kendra Thomas is one of the best attorneys I have ever worked with. Kendra and her team at Thomas Law Offices are compassionate and able to get to the heart of the matter. Not only can she quickly take in information, she can also think outside of the box to implement an effective game plan…. - Joseph, a Corporate client

  • Amazing Family Law Advocate!

    Kendra is a very thorough attorney. She paid great attention to detail. She is a pitbull in the courtroom and received compliments from the judge. We won a majority of our motions. I found her to be reasonable and understanding. I highly recommend her!- William, a Divorce client (5 star review)

  • One of the Best Advocates Around!

    I had a complicated case with a lot of assets. We had a business to divide and could not make heads or tails of it. My previous
    attorney messed up the case. However, when we found Thomas Law, the attorney was able to get to the bottom of how our assets should be divided.
    When Ms. Thomas presented the case, the judge realized that she knew her stuff. I had a very good experience with this firm.- Mae, a Family client (5 star review)

  • Competence! The Best Family Law Attorney Around!!

    When I first came to Kendra, was in a panic state. However, after meeting Kendra, I panic no more. I was in a case, where I was being worked “real good”, with an ex who is relentless with absolutely no morals. However, after being in the courtroom with Kendra, I do not believe that he will ever take me back to court. We got everything we wanted. Kendra knew what to ask and how to strategize the case. I would HIGHLY recommend Kendra to anyone involved in a high conflict divorce and/or child custody dispute.- Sharon, a Family client (5 star review)

  • BRILLIANT ATTORNEY THAT SEEKS JUSTICE FOR ALL

    I am so grateful to have found Attorney Kendra Thomas to help me through a difficult divorce. She was amazing in getting me the justice I deserved. I have never heard of an attorney that returns calls promptly however Ms. Thomas and her assistant return calls in the same day. She is brilliant both in her intellect and strategy. I will continue to use her in ANY legal matter I am engaged in.- Mary, a Family client (5 star review)

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy