Divorce and Child Custody for Same-Sex Couples in Alabama

October 22, 2019
Written on behalf of Daniel H. Chambers Attorney at Law, P .C.

Many couples rejoiced in 2015 when same-sex marriage became legal in the state of Alabama. Finally, same-sex couples would have the opportunity to get married and spend the rest of their lives together! However, the reality is that same-sex couples have marital issues just like heterosexual couples. These issues can compile and sometimes there are no solutions other than divorce, whether you’re in a hetero marriage or a same-sex marriage.

If you’re in a same-sex marriage and considering legal separation or divorce, it’s important to know that the approach to child custody can be the same as it is for hetero marriages. This is especially true in circumstances where the child was brought into the family after the couple married. Here are some factors that judges take into consideration when making child custody decisions:

1. The parents’ willingness and ability to make decisions about their children together
2. Each parent’s ability to handle their parental responsibilities
3. Each parent’s commitment to fostering a healthy relationship with the other parent
4. The stability of each parent’s home life
5. The distance between the parents’ homes, if it would interfere with joint custody
6. The best interests of the children

This article should not be considered official legal advice. Alabama still has a long way to go to fully understand the nuances in the application of divorce law to same-sex marriages. If you need more information on same-sex divorce or child custody, or you’re in need of legal counsel, it’s best to speak with an experienced attorney, like Daniel H. Chambers, Attorney at Law, PC. A respected attorney in the Alabama legal community, Mr. Chambers takes pride in successfully negotiating favorable outcomes for his clients.

Click here to get a free consultation with an experienced Birmingham, AL family law attorney.