In California, child custody is determined by the best interests of the child, regardless of the sexual orientation of their parents. However, LGBTQ+ parents may face unique challenges during the divorce process and in custody decisions.
Legal Standing of LGBTQ+ Parents in California
Since 2005, California has recognized same-sex marriage. In 2013, the state passed a law that banned discrimination against LGBTQ+ parents in the adoption and foster care system. California also allows for second parent adoptions, where a non-biological parent can legally adopt the child of their partner.
Best Interests of the Child
When determining child custody, the court will consider the best interests of the child. This includes factors such as the child’s age, health, emotional ties with each parent, and the ability of each parent to provide for the child’s needs.
Joint vs. Sole Custody
In California, there are two types of child custody: legal custody and physical custody. Legal custody refers to the right to make major decisions regarding the child’s upbringing, such as education and healthcare. Physical custody refers to where the child will live.
It is common for the court to award joint legal custody to both parents, regardless of sexual orientation. However, when it comes to physical custody, the court will consider factors such as the child’s relationship with each parent, the ability of each parent to provide a stable home environment, and the child’s needs. The court may award sole physical custody to one parent if it is deemed in the best interests of the child.
Dealing with Bias and Discrimination
Unfortunately, bias and discrimination against LGBTQ+ parents still exists in some courtrooms. It is important for LGBTQ+ parents to work with a lawyer who is knowledgeable and supportive of their family structure. Additionally, seeking out support from LGBTQ+ advocacy groups and counseling services can be helpful during the divorce process.
Conclusion
In California, child custody is determined by the best interests of the child, not the sexual orientation of the parents. LGBTQ+ parents have legal standing and rights in the California court system, including the right to joint legal custody and the ability to adopt. However, dealing with bias and discrimination can be a challenge. It is important for LGBTQ+ parents to work with supportive legal and emotional resources during the divorce process.