Nicaud & Sunseri Law Firm, LLC
Southshore Local 504-662-9596
Northshore Local 985-218-0494
Menu Contact
Making the ComplexUnderstandable

Same-sex parents face unique child custody challenges

After the United States Supreme Court extended equal access to marriage to same-sex couples, many people celebrated that decision. However, in Louisiana and other states across the nation, same-sex parents continue to face unique child custody challenges. As courts struggle to keep pace with social convention, many families are left in legal limbo.

An example is found in a recent case that centered on the use of certain terms regarding child custody rights. The parties before the court were legally married, and one woman gave birth to their child. When the relationship ended, the biological mother sought to limit her former spouse's child custody rights. At the center of that argument was existing state law that made use of terms such as "paternity" and "father."

The case went through appeals, and at the level of the state's Supreme Court a determination was made in regard to that language. The court acknowledged that a woman is in fact incapable of embodying the role of "father." However, the court found that the U.S. Supreme Court's landmark decision was intended to extend the right to marriage to same-sex couples.

That logic was used to by the state's Supreme Court to extend child custody rights. The former couple will go before the lower court to hammer out the details of their child custody arrangement. In the meantime, couples in Louisiana and across the nation continue to face unusual challenges in regard to child custody. Until the courts catch up with changes regarding same-sex marriage, these cases will continue to make headlines.

Source: tucson.com, "Arizona court: Same-sex spouse has parental rights over ex-wife's biological child", Steve Schmadeke, Sept. 19, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Covington Office
7020 US-190
Suite A
Covington, LA 70433

Fax: 985-624-9698
Map & Directions

Metairie Office
3000 18th Street
Metairie, LA 70002

Toll Free: 800-230-7591
Phone: 504-662-9596
Phone: 985-218-0494
Fax: 504-833-2843
Map & Directions