When There are Two Moms, Who Gets Custody?

 Posted on August 27, 2013 in Family Law

Divorce involves dissolving a union of two people who are emotionally attached regardless of whether those two people are of the same sex or not. The process can be emotionally difficult, and when children are involved, even more complicated. Two moms who once fought for the right to be recognized as a married couple may now face a system that is not sure how to handle child custody issues when it involves a same sex divorce. In a system that traditionally errs on the maternal side, it is not as easy when both sides are maternal.

In an article posted on Americanbar.org, it is clear that although society has progressed in its views regarding same sex unions, there is more work to do. As society’s views become more liberal, its views regarding divorce and child custody may continue to be rigid.

The Bangor daily news posted an article from 1973 where a judge was willing to accept that both moms were equally as important to the children only if they agreed to continue their relationship living separately and not as a couple.

According to the human rights article,  some states may still consider lesbians and gays as being unfit to have custody. Although state laws surrounding same sex couples are becoming more liberal, acceptance from people in authority may take more time. Nonetheless, in the past when a woman would have been denied custody because of her sexual preference, the judicial response to parents being lesbian or gay has greatly improved.

Divorce is a complicated process for two people regardless of gender. However, it can be more complicated fighting for child custody in a same sex union. It is imperative that you seek out a divorce lawyer who has experience with same sex divorce cases in Illinois and can fight for your rights as a parent.