Children of Same-Sex Relationships:
New Jersey (NJ) LGBT Parents' Rights Attorneys
The New Jersey attorneys at Weinberger Law Group are dedicated to supporting the rights of LGBT (Lesbian, Gay, Bi-Sexual and Transgender) individuals and couples as parents. If you are a same-sex couple interested in joint or second-parent adoption, we can help you throughout the child adoption process. If you are a gay or lesbian parent of a child in the State of New Jersey, or if you are parenting a child who is the biological or adopted child of your same-sex partner, we can advocate for your rights and support your efforts to protect your child after your relationship has ended.
Custodial or Visitation Rights in Same-Sex Relationships
If you and your partner are ending a same-sex relationship, our attorneys can assist you in developing a proper child custody and parenting plan, obtaining an appropriate child support order and making sure that you and your children are afforded the complete protection you deserve.
Many same-sex couples have children who are the legally adopted or biological offspring of only one partner. New Jersey courts will presume that both partners to a marriage or civil union are the legal parents of any children born during the union. If same-sex partners who are ending a relationship did not jointly adopt a child, pursue second-parent adoption, or marry or enter into a civil union before a child's birth, the situation will be more complicated. In some cases, a non-legal parent may be able to obtain custody or visitation rights based on status as a de facto or psychological parent. A court will consider what the non-legal parent's role has been and whether the legal parent fostered the relationship between the child and the non-legal parent. When the partners clearly planned to be co-parents from the outset, there is a better chance that a court will give the non-legal parent custody or visitation rights.
Second Parent Adoption
Even when same-sex couples have married or entered into a New Jersey civil union before the birth of their child, they should be aware that unless they have gone through the process of second-parent adoption, a non-biological parent may not be considered to be a legal parent in all states outside New Jersey. Second parent adoption is the best way to ensure that rights will be honored in another state. Couples where one partner has adopted a child as an individual may also want to pursue second parent adoption.
At Weinberger Law Group, our aim is to serve the best interests of our clients and our clients' children. If you are a gay or lesbian parent interested in adoption, or if you are separated or facing dissolution of your partnership relationship and have concerns about child custody, child support, visitation or health care maintenance for your child, contact one of our NJ LGBT attorneys for a consultation at our Morris or Monmouth County New Jersey law offices.
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