If My Partner Is On The Birth Certificate, But Did Not Adopt, Can She Still Pursue Custody In Our Same-Sex Divorce Action?

If My Partner Is On The Birth Certificate, But Did Not Adopt, Can She Still Pursue Custody In Our Same-Sex Divorce Action?

Dear Attorneys,

My partner and I have decided to go our separate ways. We have two children together, and I am worried about how to cover custody in our divorce proceedings. I feel like some attorneys don’t know how to deal with same-sex divorce cases and I’m worried things won’t go smoothly. While my wife did not adopt the kids, she is on the birth certificate as their other parent. What are my options? Can she still have rights to them?

Sincerely,

Birth Befuddlement

 

Dear Birth,

This scenario has become more common since the birth certificate form changed. It’s a positive change for many families because yes, now your spouse will likely be able to pursue custody, visitation, and even support, in your divorce action. Being named on the birth certificate is one way to establish parental rights.  The court will likely need a copy of the birth certificate to establish jurisdiction over the minor children to award your spouse parenting time or support.

We completely understand your concern with finding an attorney experienced in same-sex divorce. Wolf & Shore Law Group would be happy to help you, and has handled many same-sex divorces. With over 20 years of combined experience, Attorneys Kristen Wolf & Shari-Lynn Cuomo Shore can assist you every step of the way. They are here to help make things easier for you, not harder.

Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.

Very Truly Yours,

Wolf & Shore Law Group

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