NY Supreme Court Rules for Rights of Same-Sex Parents

The New York State Supreme Court has ruled that same-sex parents are guaranteed consideration for child custody or visitation in the event of divorce or death. Before this ruling, the non-biological partner had these rights only if that parent had legally adopted the shared child.

The ruling is limited, however, to same-sex couples that are united in civil unions in states that allow them. The four-to-three ruling divided the court as to whether these rights should be extended to all same sex couples or just those in civil unions.

New York's highest court has rejected calls to legalize same-sex marriage, saying that such a law must be enacted by the legislative branch.

In another decision, the court unanimously voted that in the event of divorce, biological parents can seek child support from non-biological partners.

If you are going through a divorce and seeking custody of your children, you should set up an initial consultation with a family law attorney to discuss your legal rights.