Parental Rights of Same-Sex Couples in Chattanooga Divorces

If you and your spouse have decided to end your marriage, you may be wondering the impact it will have on your relationship with your children. Contact a qualified attorney at our firm to learn about the parental rights of same-sex couples in Chattanooga divorces.

How Are Children Factored into a LGBTQ Divorce Case in Chattanooga?

Just as in divorce cases involving opposite-sex partners, same-sex couples have certain parental rights that must be addressed during divorce proceedings in Chattanooga. Basically, if they have children together, they have to go through all the same processes as any other couple, including:

Developing a parenting plan
Determining custody, sole vs joint
Establishing decision-making responsibilities
Settling child support payments

One important difference that may exist for LGBTQ parents who are divorcing in Chattanooga is whether the children have been adopted by both spouses. If for some reason they have only been legally adopted by one spouse, then the other spouse may not have any parental rights in a Chattanooga divorce case.

Allocation of Parental Responsibilities

The allocation of parental responsibilities can be determined in two ways in LGBTQ divorce cases in Chattanooga. A couple may work together with the help of their attorneys—and a mediator, if necessary— to create a parenting plan that best suits their needs. This document can answer questions like:

Who is going to be responsible for deciding where they go to school
Who is going to be responsible for medical decision, religion, etc?
Who is going to be the primary residential parent?

One a couple creates a plan they both support, it is submitted to the court for approval, and typically will be approved. However, if a couple cannot come to an agreement on their own, then the court will use its discretion to divide parental responsibilities, acting on what is in the best interests of the children.

How Do Judges in Chattanooga Typically Allocate Parental Responsibilities Between LGBTQ Parents?

If a judge is forced to allocate parental rights between a same-sex couple on their own, they will consider various factors when making the decision, such as:

Parental fitness, i.e., the parents physical and emotional health
Which parent has been the primary caregiver
How well the child does in the care of each parent
The child’s preference, depending on their age

A well-practiced legal professional at our firm could discuss how judges typically allocate the parental rights and responsibilities of same-sex couples in Chattanooga divorce cases in more detail during an initial consultation.

Does the Gender Identity or Expression of Either Parent Have any Bearing on the Court’s Custody Consideration?

No, the court cares about good parenting and what is in the best interest of the child. A judge does not consider a parent’s gender identity or expression when making custody decisions in LGBTQ divorce cases in Chattanooga.

Protect Your Parental Rights with the Help of a LGBTQ Divorce Lawyer in Chattanooga

As you can see, the parental rights of same-sex couples in Chattanooga divorces are the same as heterosexual couples. Whether a child has a mom and a dad, two moms, or two dads, it does not matter to the courts. They ultimately want to do what is in the best interest of the child.

If you want to protect your relationship with your child following a split with your spouse, reach out to one of our seasoned attorneys for help.