Murfreesboro LGBTQ Child Custody Lawyer

Determining child custody is one of the most challenging aspects of a Tennessee divorce. Whether you share a legal or biological link with a child, love is love, and in an LGBTQ divorce, custody can become extremely complicated. Whether you’re raising a young family through adoption in Southwood Estates or you’re divorcing the biological parent of your child near McKnight Park, you need a Murfreesboro LGBTQ child custody lawyer to protect your rights.

Work With a Team You Can Trust: Boss Law

Facing divorce is never easy, especially when minor children are involved, and especially when you are worried that you might not hold certain custody rights if you are not the legal or biological parent of the children. This is often the case in LGBTQ relationships, and you need an attorney who has got your back. For two decades, the team at Boss Law has been helping families navigate the difficulties of divorce, and we are now ready to serve you.

Our team is experienced in handling cases in both the Circuit Court and the Chancery Court of Rutherford County, both located at the Rutherford County Judicial Building on Public Square North in Murfreesboro. Our lead attorney is a member of both the Rutherford/Cannon County Bar Association and the Tennessee Bar Association and is a fluent Spanish speaker, ready to help families from all backgrounds. You can trust us to protect your parental rights no matter what.

Defining Child Custody in Murfreesboro

There are roughly 10,900 same sex couples in Tennessee and across the United States, and around 18% of all LGBTQ individuals parent a child 18 years or younger in their household. According to one study, same sex couples are four times more likely to adopt and six times more likely to foster children.

When an LGBTQ couple seeks divorce, they will need to determine the custody of their children just like a heterosexual couple would. There are two main forms of custody in Tennessee, including:

• Physical custody. This form of custody refers to where the child will be primarily living on a daily basis. It can be awarded to only one parent, in a sole physical custody arrangement, or can be shared between the parents in a joint physical custody arrangement. In a joint arrangement, the child will spend time split between each parent’s household, but one parent may still be the primary custodial parent.
• Legal custody. This form of custody refers to the parents’ abilities to make major decisions regarding the raising and well-being of their child. These decisions can include those involving the child’s education, their religion, their healthcare, and their overall welfare. This form of custody can be awarded to one parent in a sole legal custody arrangement or to both parents in a joint legal custody arrangement.

In Tennessee, both legal and physical custody can be awarded in a variety of different ways, and it is essential to understand how each type of custody works and how it impacts you as an LGBTQ parent. At Boss Law, our attorneys are here to help provide valuable information regarding what custody arrangements you might be entitled to in an LGBTQ divorce.

The Complications of Child Custody in LGBTQ Divorce

In an LGBTQ divorce or separation, child custody can become complicated. If both of you are the legal parents—meaning you have both adopted the child—then determining custody will not be much different than in a case of opposite-sex parents. If you are both legal parents of the child, such as when both parents legally adopt the child or when the non-biological parent adopts the child, then custody arrangements will be determined as they always have been.

However, complications arise when only one partner is the legal or biological parent. This can happen if only one of you legally adopted the child, when the child was born through IVF, or when the child is biologically related to one parent and not the other due to a previous heterosexual relationship. In these situations, if you are neither the legal nor biological parent, it is vital that you gather evidence that proves your consistent involvement in the life of your child.

This evidence can include medical appointments, photos, school records, and witness statements from teachers, doctors, or anyone else who saw you interacting with the child. The court system will base its custody ruling on what it believes to be in the best interests of the child, and if you are able to showcase your active role in the child’s life, this can offer strong support to your claim for custody.

How Child Custody Is Determined

When the courts go to determine custody, they will look at several factors in order to decide what arrangement will be in the best interests of the child. These factors can include:

• The parent-child relationship. The courts will consider the emotional bonds the child has with each parent, the ability of each of the parents to meet the needs of their child, and which of the parents has been the primary caregiver for the child.
• The preference of the child. Depending on the maturity level of the child and their age, the courts may take into consideration the child’s preferences regarding their own custody.
• Any history of substance abuse or domestic violence. If there is any history of substance abuse or domestic violence on the part of either parent, this can lead to the denial of visitation and even custody rights, as the courts will prioritize the safety of the child above all else.
• Other relevant factors. These can include the mental and physical health of each parent, the work schedules of the parents, and the child’s ability to adjust to home, school, and community life.

Hire an LGBTQ Child Custody Lawyer Today

At Boss Law, we are known for our trusted advocacy and honest representation for individuals who are members of the LGBTQ community in a variety of family law cases. We understand the unique challenges you face as an LGBTQ parent and will approach your case with the respect, dignity, and compassion it deserves. Contact our offices today to hire an LGBTQ child custody lawyer and schedule a free consultation to learn more about our legal services.