Same-Sex Parents Custody

The Supreme Court of California upheld the controversial proposition 8 on Tuesday, May 26th, but gay rights activists have vowed that they will continue to fight for same-sex marriage in the state. In simple terms, Proposition 8, which was passed by voters in the November election, defines the word “marriage” in California to be a union between a man and a woman. It prevents a union between a same-sex couple to be called a “marriage.”

According to a report, in a 6-1 ruling, Chief Justice Ronald George wrote that, “Only marriage between a man and a woman is valid or recognized in California,” wrote George, noting the ruling was made after “setting aside our own personal beliefs and values.” The court did approve the validity of 18,000 same-sex marriages celebrated before the November vote passing the Proposition.

While the debate over same sex marriage will undoubtedly continue as both sides continue to attempt to sway the court of public opinion in their favor, one thing is very clear: same sex parents and couples need to be vigilant about protecting their rights as partners under the law.

California Family Code section 297.5, states that; “Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.” This means that, if same-sex couples have not yet become domestic partners, they should do so to ensure they benefit from all of the legal rights and obligations of marriages.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8.

A recent article in the Los Angeles Times examined the national trend in Family Law courts supporting the rights of same sex couples despite the fact that many states do not recognize same-sex marriages. Despite this lack of acknowledgment, court decisions on child custody, divorce and other issues are giving increased rights to same-sex couples.

The trend of legally married, same-sex couples moving from their home states to states that don’t allow same-sex marriage is forcing courts, legislatures and employers to deal with the resulting issues of same-sex child custody, divorce, inheritance and end-of-life decisions. The rights that these individuals are gaining have led to virtual equality between same-sex and heterosexual unions in many states.

What can same-sex couples do while they await reversal of Proposition 8? Protection of legal rights is the most important step, and a serious discussion of California same-sex parents custody, estate planning and financial issues should be the first step. Also, keep in mind California Family Code section 297.5, which states that:

“Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.”

This means that, if same-sex couples have not yet become domestic partners, they should do so to ensure that they benefit from all of the same legal rights and obligations that are associated with marriage.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. The family law attorneys at Wallin & Klarich can help you every step of the way. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8. Give Wallin & Klarich a call today at 888-749-7428.