There is an estimated 220,000 children under the age of 18 being raised in same-sex families in the United States. The unfortunate truth is that, before Obergefell when same-sex marriage bans were ended, it was found that there are legal and economic deprivations that children suffer when their parents are not permitted to marry. Government action such as preventing these parents from marrying could cause many children to suffer when they do not have the same rights and entitlements as other children. It is found that this decision makes things more permanent and works in the child’s best interests.
When a child is born into a same-sex family, they are usually only biologically related to one of the parents. Unfortunately, the courts have usually only recognized that one parent in proceedings. The legal status of the child and their relationship with the other parent can vary from state to state. Because of the recent changes due to Obergefell, children’s relationships with that other, nonbiological parent will now be recognized as well as protected. Many problems have arisen over the years, such as in Florida where many same-sex spouses were filing suit in court due to the refusal of being able to put both parents’ names on their children’s birth certificates.
The reason why many issues come into play are because children who live in same-sex households lose out on workers’ compensation benefits, social security, state health insurance, inheritance and more when their benefits are taken away. This means that children could be deprived of thousands of dollars that they could have benefited from. The law can be very unfair to same-sex couples and we realize this. Talk to us today about the legalities regarding your case and what we can do for you if you are dealing with child custody matters. Call us today for more information.
