It has only been a few years since the US Supreme Court found that same sex couples are entitled to equal treatment with respect to state laws on marriage, divorce, and other domestic matters. As a spouse in a same sex marriage, you may be unfamiliar with Illinois law, especially as it relates to your child. Though the same statutory provisions apply regardless of same or opposite sex parents, the laws can be complex.
At the Law Offices of George M. Sanders, P.C. our same sex child custody lawyers understand how difficult divorce is for parents who want nothing but the best for their children. We have in-depth knowledge on the laws that affect your right to have a meaningful, healthy parent-child relationship, and we will go the distance to protect your interests.
In a momentous 2015 case, the US Supreme Court handed down a decision that put same sex couples on equal footing with all other spouses in domestic relations matters. People of the same sex can marry, divorce, and address all of the key issues that come up when dissolving their marriage. The basis of this ruling is the 14th Amendment which prohibits the government from depriving a person of certain rights without due process. States were violating this constitutional concept by forbidding same sex marriage so the Justices made it legal across the board. As such, same sex couples can – and must – address child custody, visitation, and child support in any divorce case involving minor children.
Instead of custody and visitation Illinois divorce law now uses the terms “allocation of parental responsibilities” and “parenting time” to refer to the various issues involved with raising a child. The statute includes provisions regarding:
For more information on same sex divorce and child custody and how our firm can help with divorce proceedings, please contact the Law Offices of George M. Sanders, P.C. to set up a consultation.
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