LGBT Family Law in Queens, New York: Rights, Marriage, and Legal Protection

Understanding Same-Sex Marriage and Family Law in New York State

Laws that govern issues touching on gays and lesbians vary greatly from state to state. In New York state, the right to marry someone of the same sex has been in place since 2011. Under this law, those who are not heterosexual have the right to form a legal partnership. They also have other rights that also apply to them in regards to forming a family. Each member of the partnership may have different issues that have different legal effects. This is true when it comes to any children who are born while the parties are married.

Complex Family Formation Issues for LGBT Couples

Multiple issues may apply to the children of the couple. For example, one party may have chosen to have a child via assisted reproductive techniques such as the use of donor eggs or gametes. A gay couple may choose to have a child via a surrogacy in New York state or in another state. One partner may also decide to seek adoption of the other party's biological children and want to have this agreement put into a legally enforceable contract.

Legal Help for LGBT Families

Under these circumstances, it is not surprising that many lesbians and gays find it necessary to seek out legal help in regards to all aspects of their personal lives. Lawyers can offer many types of help related to family matters that can apply to gay and lesbian couples. For example, they can help them:

• Draw up a prenuptial agreement before getting married
• Spell out what each party brings to the marriage financially before it takes place
• Define what might be expected if the marriage does not work out and the partnership needs to be broken

An agreement can also spell out other aspects of the marriage that may arise as it continues such as how to care for any children that are born during the marriage. Lawyers can also indicate what will happen in other circumstances that may apply to the couple and their personal life issues.

Agreements With Children: Protecting Parental Rights

Family laws in response to gay and lesbian issues can be complicated by varied scenarios. One member of the party may have had a child from a previous heterosexual relationship and marriage. However, they may have primary custody of the child and may have spent years sharing the child's upbringing with the other partner in the marriage. If one partner passes on, the other member of the marriage may wish to continue being in touch with that child even though they have no biological ties to it. The same is true of a child who is born to the couple via a system of artificial insemination or via surrogacy. The other partner might want to legally adopt that child. This allows them to have legal standing and a say in how the child is raised and where the it lives.

Divorce and Child Custody Considerations

If the marriage ends in divorce, it is crucial to make sure that all parties are in agreement about what happens to any children that were part of the marriage at some point in time. It's possible for all those involved in this process to find ways to make sure they have the legal protection they are entitled to under local, state and national laws. This is why consulting with Queens Gay & LGBT family law attorneys is a good course of action. The attorneys can help each person in the marriage decide what needs to be done in order to protect their interests. They can also help both parties make sure that children are provided for financially and emotionally.

Ideal Advice for LGBT Families

Any legal counsel can help all those entering into any kind of partnership. They can help with:

• A surrogacy agreement and any decision to adopt
• Any payments granted to the carrier
• Making sure that all decisions to adopt any children of the partnership are adopted under all relevant state and local laws

If a dispute arises between the two parties, the family lawyers can reach out to all concerned and help them find their way to a settlement that makes sense. They can also point out what kind of legal arrangements should be made in order to make sure that the parties get what they want from the decision to get married and have children. With their help, it's possible to have a deeply satisfying legal partnership that takes into account all laws that apply in the state of New York.

Major Developments in LGBT Rights and Family Law

There have been significant developments regarding LGBT rights. The most notable event for the LGBT families is the legalization of gay marriages across the country in 2015. In spite of this landmark declaration, there are still some elements of heterosexual marriage that are not enjoyed by gay couples. This means that LGBT families may experience some challenges with regards to some aspects of family law. This is where you need the services of an experienced Queens gay LGBT family law lawyers. These are individuals that are knowledgeable in the particular field of law and can work to provide you the services you need. One of the areas you may need their representation is helping the same sex couples plan for their estate. Now that the LGBT couples can get married, they need to plan for succession so that their significant others inherit their property.

Creating a Will for LGBT Couples

As a gay person, this does not preclude you from writing a will. LGBT couples should not neglect writing a will naming each other and their children as beneficiaries. This helps explain their wishes in the eventuality that one partner dies before the other. Family law respects wills since they document what should be done with the property after death. The bereaved spouse will not have to spend large amounts of money on probate, and your wishes will be fulfilled. Intestate succession laws can be complicated, and they often result in great chunks of the property going to third parties such as the government.

Protecting Your Assets and Family

Without a will, it may even be possible for disenfranchised relatives to claim property that you and your late partner had before his or her death. This is especially the case if you two were not married. There is no reason why relatives who disowned you after you came out should inherit your property after you die just because you neglected to write a will in favor of your partner. If you have children, you can also lay out conditions for the guardianship of your kids if you have any.

Prenuptial Agreement Importance

When two people are in love, a prenuptial agreement can seem to be a nuisance. It can appear to indicate that one party does not trust the other with regards to property. However, any lawyer worth his salt will tell you that this is a most important document. It helps to lay out how property may be shared in the aftermath of a separation. While it may not seem appropriate to be considering divorce just as you are about to get married, it can help save a lot of headaches later. As such, please consider approaching the topic delicately with your partner. If he or she has the best intentions, signing a prenuptial agreement should not be difficult. In fact, you can negotiate on what the prenuptial agreement should state. This ensures that in case there is a break up then it is amicable.

Retirement Plans for Same-Sex Couples

You should consider planning for your retirement early on. If one partner passes on at some point, all the authorities need is proof of marriage. Now that the law recognizes gay marriage, this should not be hard to do. However, you might still need some legal advice to ensure that the succession is carried out smoothly. Thus, you can invest in qualified retirement plans like the 401(k)s so as to be the primary beneficiary. You can also get roll over protection when it comes to IRAs if your partner has named you as the recipient. The rollover right allows the beneficiary to roll the IRA of the deceased partner on their own without having to liquidate the account or ask for distributions. This improves the control that the surviving partner has over the IRAs.

Additional Estate Planning Documents

In addition to the will, you should also consider creating documents establishing:

• Healthcare proxy - lays out the individual responsible for making medical decisions should you become incapacitated
• Power of attorney - related to a health proxy, but it relates to financial issues
• Living will - express whether you may want to be resuscitated or kept on life support in case medical professionals determine you may not recover

Gay Divorce in Queens: Legal Considerations

Same sex couples have the support they need from some state judiciaries and legislatures. Nevertheless, there is still a substantial amount of struggle to recognize and normalize the establishment of same-sex unions legally. Thankfully, couples seeking divorce in New York, specifically in Queens, can succeed with the help of an expert in the field.

Legal Recognition of Same-Sex Partnerships

Gay and lesbian domestic partnerships have been legalized throughout the state of New York, which has opened the pathways for the LGBT community to have the same rights and privileges as do heterosexual couples. As with traditional couples, their relationships can face pitfalls that can lead to divorce. Same-sex domestic partners who wish to be legally separated can seek the help of a divorce lawyer well versed in gay divorce. Since gay and lesbians couples are allowed to enter legal uinons in Queens, their marriages can also enter into the validity of other jurisdictions. Couples who reside in the state need to meet the residency requirements before they can obtain a divorce in Queens.

Issues with Divorce for Gay Couples

As with any married couple, divorce is a life-altering circumstance. There will frequently be grief and misunderstandings, as well as practical and financial logistics that are often tricky to sort out. It is essential to understand that members of the LGBT community have the same rights in the New York Family Code as anyone else does. They should not be concerned about the different policies that rely on sexual orientations. It is indeed good news, but that does not mean to say that homosexual couples do not face specific issues in Queens. In reality, they face more complex problems chiefly because of the stereotype and social stigma.

Common Family Law Matters for LGBT Couples

A divorce petition is likely the most cited of the family law matters for both heterosexual and LGBT couples. Nonetheless, other issues are also common, including:

• Abuse or neglect
• Visitation
• Child custody and support

It becomes increasingly challenging if children are involved, but only one member of a gay couple is considered the adoptive parent. De facto parents are not legally recognized. De facto is a term that describes a parent who fulfills the needs of affection and care of the child. Unless they had plans for the baby together, such as an artificial insemination agreement, it is possible for either parent to depart without grounds for visitation or child support.

Finding the Right Legal Representation

If you are in Queens New York and in need of a family lawyer specializing in LGBT law, you need someone that is knowledgeable in addition to being friendly. The attorney should know the potential pitfalls involved and how they can be avoided. In this manner, you can be sure that you will get the best service possible. The lawyer should have an understanding that LGBT couples face more difficulties in estate planning as compared to heterosexual couples. Thus, there is a need to ensure that a professional with the right experience gives you advice.

Welcome Environment for LGBT Families in New York

The state of New York has long been welcoming of gay and lesbian couples, so it is not surprising that thousands are now happily married here. With same sex marriage now being the law of the land, there are legal issues that need to be considered that did not necessarily apply previously. Members of the LGBT community deserve legal protection as well, and this applies to matters of family law. There are often child custody matters, prenuptial agreements, divorce settlements, spousal support issues, and other items that need to be ironed out from time to time. If that is what you are currently facing right now, you will want Queens gay and LGBT family law lawyers working on your behalf.

Family Law Issues and the LGBT Community

The same issues that apply to straight couples and their families often apply to members of the LGBT community as well. The difference is that they can be a bit more sensitive. Even many members of the court do not always understand the true complexity of what they are facing. Gay and lesbian couples, for example, have fought for years to gain the right to legal adoption. Once a child is brought into a loving home, family law issues can arise in cases of divorce, abuse, or neglect. While many couples can work out these issues on their own, a judge is often needed to intervene and provide final judgement. For that reason, you will want a Queens gay & LGBT lawyer arguing on your behalf.

Emotional and Legal Complexity

When family law issues are raised, there are often a swirl of emotions that are taking place inside the home. Be it a divorce or issues with hospital visitation rights, Queens family law lawyers need to be called in to remind everyone of their legal rights and obligations in any given situation. There are a variety of legal issues that fall under this legal genre, so act accordingly.

Legal Implications of Family Law for Gay & Lesbian Couples

Gay and lesbian couples who form a family do so out of love. However, there are times when turmoil and strife hit even the most secure of couples. When this happens, there are some legal implications to be aware of. Family law can involve issues of abuse and neglect. In such cases, not only is there trouble for the family, but there could be possible issues with the law as well.

Family Law Issue	Impact on LGBT Couples	Legal Considerations
Divorce	Marital assets at stake, future earning potential affected	Spousal support may enter the equation
Child Custody	De facto parents may not have legal recognition	Second-parent adoption may be necessary
Estate Planning	Need to ensure inheritance rights are protected	Wills, healthcare proxies, power of attorney essential
Surrogacy	Complex legal framework under Child-Parent Security Act	Surrogacy agreements now enforceable in NY

Other times, family law deals with a divorce. When this happens, marital assets are at stake, as well as future earning potential. When matters of spousal support enter the equation, it is easy to see that there are quite a few matters to consider.

Settlement Process for Family Law Issues

When there is a family law issue that needs to be resolved, it will often work its way through via a settlement. This is often seen in the case of a divorce. One party will often initiate the divorce, serve papers on their spouse, and outline the terms of a settlement. If that is agreed to, the matter can be finalized pretty quickly. There are times when it is much more complicated than that, however, resulting in the need for legal proceedings to develop.

How Can Queens Gay & LGBT Family Law Lawyers Help You?

If you have any questions about a family law matter, contact our office right away. We are experts in Queens gay & LGBT family law and it would be our pleasure to serve you.