Reportedly, Maryland law aims to treat all divorces equally, but there are scenarios where same-sex marriages may face different issues, particularly with regard to child custody. For parents in same-sex marriages, you must be mindful of these scenarios to avoid them, should you ever divorce.
Understanding our state’s legal landscape
Same-sex marriage has been legally recognized in our state since 2013, and the Supreme Court’s ruling in Obergefell v. Hodges in 2015 affirmed that same-sex marriages must be recognized nationwide. Nonetheless, despite these legal protections, same-sex divorces may still present complications, particularly when it comes to child custody.
Key factors in child custody decisions
In Maryland, the court’s primary concern in custody decisions is the best interests of the child. This involves evaluating various factors, including each parent’s relationship with the child, their ability to meet the child’s needs and, in some cases, the child’s preferences. However, same-sex couples may face additional hurdles that could impact custody outcomes.
Biological versus non-biological parent
One of the most significant challenges arises when only one parent is the child’s biological parent. If the non-biological parent has not legally adopted the child, they may have limited legal standing in custody disputes, making it more challenging to secure custody rights. Accordingly, if you are the non-biological parent, you should make adopting your child a priority, especially if you plan on seeking a divorce at some point in the future.
Second-parent adoption
If a second-parent adoption has not been completed, the non-biological parent may not have recognized legal rights. Without this legal safeguard, the non-biological parent may struggle to maintain custody, especially if the biological parent contests it. This is yet another situation where adoption should be prioritized.
As the parent, your fitness influences the court’s child custody determination. Factors such as substance abuse, neglect or an unstable home environment can lead to one parent losing custody, regardless of biological ties. As such, you should always strive to create a safe environment for your children, and if there is the potential of a divorce, document your efforts to create such an environment.
If one parent plans to move away, the court will consider how the relocation might affect the child’s relationship with the other parent. A significant move could lead to a change in custody arrangements if the court believes it would disrupt the child’s stability.
While Maryland strives for equality in handling divorces, the unique aspects of same-sex parenting can introduce additional complexities in custody disputes. Understanding these potential challenges can help parents better navigate the legal process and protect their parental rights.