Ask Debra: Gay Marriage and Family

Executive Director of PhillyGayCalendar

GAY MARRIAGE IN THE UNITED STATES
Can a gay couple marry anywhere in the United States? What benefits do gay couples and especially married folks qualify for? Would we receive the same benefits that heterosexual married couples are entitled to?

Those states that permit same-sex unions have a specific title for such a Union. Please note that “marriage” is not the title used). Some places like Vermont and New Jersey use the term “Civil Union.” In the states that recognize unions between same sex-partners, same sex couples are afforded the same benefits. *The only challenge is the Federal Tax situation. The Federal Government does not recognize same sex couples as married couples and therefore will not extend the benefit of “marriage” for purposes of joint income tax filing. Once again, check with an attorney in your area who specializes in same sex partnership and one who is versed in federal income tax implications of Civil Unions and the like.

CAN I LOSE CUSTODY OF MY KID BECAUSE OF MY SEXUAL ORIENTATION?
What should I expect if my ex-wife is threatening to take my minor child away because I live in my home with my partner and my minor son? I have physical custody.

In almost every state, the legal standard that Custody Courts use to determine custodial arrangements for children is “the Best Interest of the Child.” In those States, recognizing Civil Unions the fact that a parent is gay is no longer relevant as it was back in the day. In other words, in those states the parent seeking to remove the child from the same gendering loving parent needs to prove that it would be in the child’s best interest to change the custodial arrangement. However, even in those states not recognizing same sex unions the same standard, which is the “Best Interest of the Child,” prevails and the parent seeking to change the custodial arrangement needs to demonstrate, in court, that it would be in the child’s best interest to be removed from the same gender-loving parent’s home. Please consult with an attorney who specializes in Family Law in your area.

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