LGBT Custody and Visitation
When same sex couples dissolve their relationships they sometimes experience disagreements regarding their children as any other family might. If both parents are legal parents -- meaning both adopted the children or one is a biological parent and the other obtained a second parent adoption -- issues of custody, parenting time and support are dealt with under the same rules that govern opposite sex parents. Visit the Custody Parenting Time and Support FAQs for more information.
If only one parent is considered a legal parent, the options available to the second parent for continuing a relationship with the children are limited. In Indiana, so-called "third parties" who have had a parental relationship with a child can be entitled to custody or visitation in some circumstances. These cases are very fact sensitive and the legal standards that control them are considerably different than the standards controlling disputes between two legal parents. If you find yourself in this circumstance, you need an attorney experienced in working with lesbian and gay families on custody and visitation issues. Attorney Sean Lemieux has many years of experience representing parties in these custody and visitation disputes, including the first case involving domestic partner visitation rights decided by the Indiana Supreme Court.
For more information on our comprehensive LGBT family law services or to schedule an appointment contact Lemieux Law.