Issues Following Separation
While Chef Cat Cora and her wife Jennifer have nothing to worry about in their relationship, there are several cases now concerning same-sex partners who have separated. Many divorce lawyers in Colorado have been aggressively engaged in messy battles for parental rights involving clients who are gay, lesbian, and bisexual partners. In Colorado, there has been the landmark case of Dr. Cheryl Clark against her longtime partner Elsey Mcleod. After their marriage fell apart, Clark asked to restrict and later on cancel the visitation rights of Mcleod. The latter filed a motion for reconsideration asking for joint custody of their adopted daughter. The court later ruled that the two mothers shall equally share responsibilities as parents.
Divorce attorneys know that Colorado courts do not look at the sexual orientation of the parents when determining parental rights for partners. The most important issue has always been the children’s welfare. Depending on how aggressive a divorce attorney is in asserting his or her client’s rights, Colorado courts can grant a divorced same-sex partner the prerogative to petition for parental rights, even if such partner is not biologically or legally related to the child or children in question. The point is that it pays to get the services of an expert divorce attorney, especially if you are fighting for parental rights in a same-sex marriage.
