Hey all, With the possibility of same-sex marriage being overturned, I’ve been wondering how family courts would proceed in cases where same-sex couples have already divorced and established parental rights. For example, if both parents had legal recognition (either through adoption, birth certificates, or court orders), would those rights remain intact? Or could there be challenges to custody, visitation, or child support if marriage equality is no longer federally protected? I’m curious about how states might handle this and whether any legal precedents would protect existing parental arrangements. Would love to hear insights from family law professionals or anyone knowledgeable about this issue. Thanks in advance.
This is a big question, and if we go back to the pre-Obergefell precedents, you’ll have courts that basically accept the relationship as two full parents that try to follow the agreement carefully. However, they may not recognize any similarities to a marriage relationship. In some cases, you may find courts that pick a primary parent and completely cut the other adult out due to ideological reasons, disregarding the relationship entirely.