Child custody in same-sex divorces with a biological parent

On Behalf of | Jan 16, 2025 | Divorce

Child custody decisions in same-sex divorces can present unique challenges, particularly when one parent is the biological parent of the child. Maryland courts prioritize the best interests of the child, but several factors come into play in these cases.

Best interests of the child

Maryland courts use the “best interests of the child” standard to make custody decisions. This approach considers factors such as the child’s emotional and physical well-being, the stability of each parent’s home, and the relationship the child has with each parent. The goal is to create an arrangement that supports the child’s growth and development.

Legal parentage matters

In a same-sex divorce, the biological parent’s legal rights are clear, but the other parent’s standing depends on legal parentage. If the non-biological parent has legally adopted the child or was listed as a parent on the birth certificate, they are considered a legal parent. This status gives them equal footing in custody decisions.

De facto parenthood

The state recognizes “de facto” parents, which applies to individuals who have acted as a parent even if they lack legal or biological ties. To establish de facto parenthood, the individual must prove they have taken on parental responsibilities, with the consent of the biological parent, and formed a strong bond with the child.

Factors courts weigh

When determining custody, courts look at the caregiving history, the child’s age and needs, and the emotional connection with each parent. They may also consider any history of abuse, neglect, or substance use. The biological relationship is one factor among many and does not automatically determine custody.

Prioritizing the child’s stability

Child custody decisions focus on the child’s stability and well-being, regardless of the parents’ gender or biological connections. By considering the full scope of the child’s needs and relationships, Maryland courts aim to create arrangements that provide a secure and nurturing environment for the child to thrive.