LBGTQ+
Divorce &
Child Custody

DIVORCE

           It is important for anyone seeking to end their marriage to a same-sex spouse to consult with a family law attorney who is skilled and knowledgeable about LGBTQ+ family law issues. Since marriage equality is relatively new in Ohio, the marriage itself may have only lasted a short while due to the prior unavailability of marriage but the parties were in a long-term relationship prior to marrying, attorneys will need to educate the court in looking beyond the length of the marriage to determine appropriate and equitable spousal support, and asset and debt division, as well as issues involving the parties’ children.

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CHILD CUSTODY

           An LGBTQ+ individual who is not a legal parent (not a biological parent or has not adopted a child) may be able to petition for custody rights if he or she is co-parenting the legal child of their partner and has the legal parent’s consent. If the non-legally recognized parent’s relationship with the child began with the consent of the legal parent and the legal parent has discharged parental duties and is found by the court to be “unsuitable,” the non-legal parent may be awarded temporary custody.

            It is recommended that parents of children enter into “shared parenting” agreements in which the parents agree to certain visitation, support, and decision-making rights in regard to their children. A non-legal parent who wishes to secure visitation rights may only do so with the legal parent’s consent. “Shared parenting” agreements are subject to review and will only be enforced if the agreement is in the best interest of the child.

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*excerpt derived from Equality Ohio website