In families where second parent adoption has been used to establish the legal bond between a child and their second parent, a couple should face the same custody and child support issues that any other family would face when divorcing.
Child support will be calculated according to the standard formula, unless you and your spouse fall into a high-income category, in which case the court may prefer to develop an amount based on an accounting of the actual expenditures related to raising your children.
Second parent adoption is a common approach to establishing legally binding parental relationships among same-sex couples, particularly so that travel outside of New York won’t put the second parent’s rights to the child at risk in an emergency.
Because some issues related to same-sex divorce are still in flux, you should work with experienced divorce attorneys who know the current state of the law and where it must go to best protect all parties, especially children.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-523-1111 and speak to an experienced Queens same-sex divorce lawyer for free.