Drizin Law – Same-sex parents battling for parental rights are in a very difficult situation to deal with and overcome especially that it involves their child. So if you’re going through the same challenging stage in your life, what do you need to know about guardianship? How can a guardianship lawyer help? Let’s find out.
What is Guardianship?
Also called conservatorship, guardianship is a legal process used when someone cannot make sound decisions for him- or herself and/or about his/her property.
In other words, guardianship is a legal proceeding in the court circuits in which the guardian will exercise the rights of the incapacitated person.
In addition, guardianship can also safeguard a child’s rights or protect an adult from fraudsters and financial problems. It may also protect a handicapped adult or elderly person from injuries due to a slip-and-fall accident and other mishaps.
A guardian, therefore, is an institution or individual assigned by the court to take care of the ward or “incapacitated person” or for his/her assets because the latter becomes susceptible to fraud.
Guardianship can be a solution
Now for same-sex parents battling for parental rights, guardianship can be a solution especially among same-sex partners who have a child and splitting up.
If you were in the same boat, you may be faced with difficult challenges. For one, the law can be unfair for same-sex parents, coupled with legal rules changing constantly.
It is why same-sex parents face uncertainties and pressures when splitting up and battling over parental rights.
Due to this situation, you and your partner should come up with a compromise on issues surrounding parental rights.
The both of you must reach a resolution with help from therapy or of a custody mediator. As if you’re going to take the dispute to the courts, you’ll be undergoing mediation, too.
But before taking action or making decisions related to your kid, you might want to get advice from a guardianship attorney with specialization in family law and guardianship.
Everyone deserves to be treated equally
Even if same-sex parents are changing the landscapes of American families along with family law, you and your partner deserve fair and equal treatments. As same-sex parents, they need to ensure that both of them have the legal parent-child relationship with their child.
Situation: When married couples have a child, both of them will have this kind of relationship automatically.
But for same-sex parents in states where same-sex marriage is still not allowed, the automatic legal relationship isn’t possible. So in many cases, only one of the parents will have a legal relationship with the child.
During this situation, a child will have no financial support right from the non-legal parent; thus, he or she cannot receive state worker’s compensation, retirement or social security benefits if the non-legal parent dies.
And even in an emergency, the non-legal parent might not be allowed to decide for medical treatment or visit his/her child in the hospital.
At the end of the day, everyone deserves fair treatment, so it is essential to know your rights with which a knowledgeable and skilled lawyer can help you.
Advantages of having same-sex parents
What are the benefits of having same-sex parents? A Clark University psychologist who studies about gay and lesbian parenting, Abbie Goldberg, reveals that gay parents tend to be more committed and motivated than heterosexual parents are. It is because gay parents chose to be parents.
Other benefits of having same-sex parents
- Health and financial support – A child gets this benefit from both parents, who are able to pour all the love for an adopted kid, for instance, through both tangible and non-tangible things.
- Gay parents also give a home to their new family. In this case, they are able to show ways that they care for the child, giving him/her a family he/she didn’t experience.
- Gay-adoptive parents help in lessening the number of children staying in a welfare shelter because they’re increasing in number.
- A child of gay parents can live in a home filled with affection and love, as these parents know how they want him/her to grow and appreciate life. Same-sex parents can also focus on the kid’s welfare and give the child an opportunity to live in a loving family.
Consulting a Guardianship Attorney
Same-sex parents battling for parental rights consult a guardianship attorney that can help them in learning more about and navigating through the complexities of family law and guardianship as well as knowing their rights.
The attorney has the skills, knowledge, and specialization in family law and can help in preparing the initial petition. One can also offer guidance in interviewing witnesses as well as doing things necessary before the trial starts.