Same-Sex Custody Issues

Protecting Parental Rights in LGBTQ+ Families

At Hernandez Family Law, we believe that every loving parent deserves equal protection under the law—regardless of sexual orientation or gender identity. Our firm proudly supports members of the LGBTQ+ community in Phoenix and across Arizona, helping parents navigate the complex legal issues that can arise in same-sex custody cases.

Whether you are establishing custody for the first time, seeking to modify an existing arrangement, or protecting your parental rights during a divorce or breakup, our team provides compassionate, experienced guidance every step of the way.

Understanding Custody in Same-Sex Families

Custody laws in Arizona are designed to protect the best interests of the child, but same-sex parents often face unique legal challenges when determining parenting rights. These challenges may involve questions such as:

  • Who is recognized as the child’s legal parent under Arizona law?
  • How do parental rights apply in cases involving surrogacy, sperm donation, or adoption?
  • What happens if only one parent is listed on the birth certificate?
  • Can a non-biological or non-adoptive parent seek legal decision-making or parenting time?

Our attorneys are well-versed in Arizona’s evolving family laws and understand how to apply them in a way that protects your relationship with your child.

The System Feels Complicated and Unfair
Peace of Mind and a Clear Path Forward

Common Same-Sex Custody Situations We Handle

Our firm assists with a range of legal matters affecting LGBTQ+ parents, including:

  • Custody disputes following divorce or separation
  • Establishing parental rights through adoption or court order
  • Modifying existing custody or parenting time agreements
  • Protecting non-biological parents’ relationships with their children
  • Enforcement of custody and visitation orders

No matter your situation, our goal is to help you secure a parenting plan that provides stability, consistency, and fairness for you and your child.

Establishing Legal Parenthood in Arizona

For same-sex couples, ensuring both partners are legally recognized as parents is critical. Depending on your circumstances, this may involve:

  • Second-Parent Adoption (Step-Parent Adoption): Allows a non-biological parent to gain full legal parental rights.
  • Parentage Orders: Can establish parental rights in cases involving assisted reproduction or surrogacy.
  • Custody and Parenting Time Agreements: Define each parent’s responsibilities and rights, even when only one is legally recognized.

Our attorneys guide you through these legal options to help protect your family structure and ensure your child’s well-being.

Hernandez Family Law -<br />  The Trusted Legal Guide by Your Side<br />
Hernandez Family Law -<br />  The Trusted Legal Guide by Your Side<br />

How Hernandez Family Law Can Help

Same-sex custody cases require not only deep knowledge of Arizona family law but also empathy and understanding. At Hernandez Family Law, we provide:

  • Personalized legal strategies that reflect your unique family situation
  • Clear communication about your rights and legal options
  • Strong courtroom advocacy when disputes cannot be resolved amicably
  • A supportive, inclusive environment where you can feel comfortable discussing sensitive issues

We are proud to stand beside parents in the LGBTQ+ community and fight for the protection of their parental rights.

Trusted By Our Clients

Contact Hernandez Family Law

If you are facing a same-sex custody issue or need to establish or protect your parental rights, our experienced family law attorneys are here to help.
Contact Hernandez Family Law today to schedule a consultation and learn how we can help safeguard your relationship with your child and secure the future of your family.

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