≡ Menu

If I’m Not The Biological Parent, Can I Have Visitation When I Divorce My Same-Sex Spouse?

There are good reasons to think you can.

In a 2014 Monroe County, New York, ruling, Wendy G-M v. Erin G-M, the acting judge ruled that New York’s Marriage Equality Act conferred the common law presumption of legitimacy to any child born to a married couple – including same-sex couples.

It is a longstanding legal principle that when a child is born in wedlock, paternity is not in doubt.

The husband in the marriage is legally presumed to be the father of the child, and it’s very difficult to convince a judge to litigate that idea.

When New York passed the Marriage Equality Act in 2011, the state made the decision that terms like “husband” and “wife” should be read in a gender neutral way, allowing for equal representation and protection of same-sex marriages and families.

This case extends that logic to the question of whether the child of two married parents is legitimate, and finds that both spouses, even the non-biological spouse, are the parents of a child born in their marriage.

This area of law is changing rapidly, but the attorneys at Zelenitz, Shapiro & D’Agostino can help ensure that you get informed, experienced counsel as you navigate the terrain of same-sex divorce and custody matters.

Call us today at 718-725-9601 for a free consultation.

Comments on this entry are closed.