< Go Back Child Arrangements After Same Sex Couple Divorce or Separation Posted: Apr 30, 2021 It’s tough enough when any family breaks down, especially when there are children involved. There are decisions to be made about the child’s living arrangements, schooling, and overall welfare.
However, when a same-sex couple goes through a divorce or separation, it could bring up more complex family law. This depends on whether the child was adopted or was born from a sperm donor or surrogacy situation.
Reaching an Agreement with the Other Parent
When a relationship breaks down, depending on the reasoning, it can be difficult to agree about the child’s welfare. Both parents will inevitably want to spend as much time with the child as possible and that doesn’t always work out best for the child.
However, a long, drawn-out court case can be stressful and confusing for the child and both parents. If you can settle the matter amicably, that’s always the preferred choice. Remember that your decisions should be focused on the child’s welfare and not on what’s best for each partner.
If you can’t settle the matter between yourselves, the child arrangements may be placed in front of a court specialising in family law to come to the most suitable resolution.
Mediation
Mediation is the first step on this journey. Before you officially take the case to court, you should both consider sitting in a room together with a qualified professional to try to work out your differences and come to a fair resolution. The mediator will then assist you in creating a legally binding contract based on the decisions you’ve come to.
Assuming Parental Responsibility
If a mediator couldn’t help you to work out your differences, then you’ll need to take matters on legally. The first thing to consider here is whether you have parental responsibility for the child.
You will have parental responsibility if:
- You gave birth to the child.
- You were married or in a civil partnership with the person who gave birth to the child at the time of birth.
- You have adopted the child legally.
Unfortunately, this means that in certain scenarios, even though you may have been acting as a parental figure, you may not be considered their legal guardian.
For example, if you were living with the partner who gave birth to the child, but not in a legal relationship at the time of birth or if you haven’t adopted the child, but your partner has.
Your Rights as a Parent
If you can assume parental responsibility for the child, you can put forward your views and make decisions about the child’s arrangements in the future.
Step-Parenting
To assume parental rights as a step-parent, you must have been married or in a civil partnership with the parent and have lived in the same home as the child for 3 years.
As a step-parent, you can put forward your views about a child’s welfare, however, if the parent has a strong case, it could still fall in their favour unless there are safety concerns for the child.
Your Child
The important thing to remember is always that the child comes first. Although some decisions can be difficult, it’s important that they always feel safe, secure, and loved, no matter what the situation is.
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