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Questions people ask about LGBT child custody in Virginia

On Behalf of | Dec 17, 2017 | Child Custody

Child custody is a very challenging issue for parents who are going through a divorce or breakup. For same-sex couples who are separating, that custody-related stress can be even greater because of the legal disadvantages they may face in Virginia.

Every parent wants to protect their relationship with their children and make sure they are treated fairly as a mother or father. With regard to child custody and the law, here are some questions you may be asking as an LGBT parent in Virginia.

Common concerns

We all know that federal law has changed recently with regard to same-sex marriage, and nobody is certain about what changes Virginia law will undergo. When it comes to child custody and same-sex parents, these types of important questions need answers:

  • Do I have different rights as the non-biological parent?
  • How does surrogacy or an in vitro process play into my custody case?
  • How will my child’s adoption history be looked at by the court?
  • What if my child was born of a legal same-sex marriage in another state?
  • What steps should I take if I am legally a stepparent?
  • How will my custody case relate to child support that I pay or receive?
  • Do we have to go to court, or can my case be settled through mediation or other means?
  • How do I negotiate visitation arrangements?

The help you need

Like with all family law matters, every custody situation is different. If you need assistance with your child custody case, it is extremely helpful to obtain legal advice from a firm that practices in the specific area of LGBT family law.


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