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Protecting Parental Rights in Same-Sex Couples

The law has generally not caught up to same-sex couples and protecting their rights. What happens if you’re in a same-sex marriage and want to have children together? How can you ensure that you and your spouse have the same rights over the kids that a straight couple might have?

If you’re thinking about having children in a same-sex marriage, consider visiting a lawyer as soon as possible. No matter whether you think divorce could possibly be on the horizon, it’s crucial to establish your parental rights right away.

Why same-sex couples have issues in court

Unfortunately, our laws take time to catch up to new societal standards—and some parents are shocked at how unequal their rights are when their partner gives birth to a child. For example, in the article linked above, the mother who gave birth to the couple’s child is considered the child’s legal mother—but her partner doesn’t have any automatic rights, like a biological father or father on the birth certificate may have.

In many cases, same-sex couples have to have one or both partners legally adopt the child. That can be an expensive, time-consuming and frustrating process. It’s certainly a bigger barrier to access than couples who can biologically have a child.

What to do if you have a child from a same-sex marriage

If you have a child from a same-sex marriage, it’s important to talk to an attorney about how to establish parental rights. The non-biological parent or parents may have issues if they ever separate. To ensure that you’ll have a legal right to parent your child, your lawyer will work with you within currently accepted laws and practices. Legal adoption is just one option that can establish your rights.

When you need help establishing custody rights or adopting your child, talk to the trusted custody lawyers at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN today.

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  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

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