Same-Sex Custody Issues

Custody Issues for Same-Sex Parents in Arizona

When gay or lesbian parents separate, they face unique legal obstacles when it comes to child custody and visitation. Because the non-biological or non-adoptive parent typically does not have any formal legal ties to the child, it could be difficult to obtain parenting time if the child's legal parent blocks such a plan.

At the Law Offices of Wendy Raquel Hernandez, P.C., in Phoenix, we are proud to represent gay and lesbian parents who need help negotiating a visitation agreement after separating from their partners.

We believe in helping our clients take control over their family law problems by using negotiation and compromise, rather than taking a fight all the way to a family court judge. In our experience, when couples resolve their problems themselves, they are more invested in the outcome. Situations exist, however, where compromise is impossible. In these cases, we have the skills to advocate successfully for our clients in the courtroom.

Equitable/Emotional Parents May Have Rights

Developing child custody and visitation arrangements for same-sex parents is a newly emerging area of the law. The law has been evolving differently in different states, as well. Arizona does not recognize gay or lesbian marriage, civil unions, or same-sex adoption, so, the legal rights of same-sex parents are different than in other states.

An "emotional parent" or "equitable parent" is someone who has built a significant parenting relationship with a child. If we can show you have acted as the child's parent by providing emotional support, financial support, meeting with teachers and doctors, and so forth, we may be able to successfully establish that parenting time between you and the child is in the child's best interest.

The concept of the "emotional parent" or "equitable parent" is gaining more recognition in the law. This may be a useful tool for a gay or lesbian person who has acted as a parent to a child but has no legal parental rights.

Taking the Next Step

Resolving child custody and visitation conflicts for same-sex parents is not an easy task. Get practical guidance and efficient legal help from an experienced lawyer at the Law Offices of Wendy Raquel Hernandez. To make an appointment with an attorney, call toll free (888) 541-2919 or contact us online.