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Legal Topics > Family > Children > Adoption

What Should I do if my Partner and I Seperate?

If you and your partner are raising a child together, you should do everything you can to protect your relationship with the child if you and your partner separate.

What Should I Do if I Can't Adopt?
If adoption isn't a possibility for you, you should enter into a written "parenting agreement" with your partner. This agreement should include these kinds of details:

  • you both consider yourselves the parents of the child, with all the duties and responsibilities that comes with this
  • you both intend to let the parental relationship, with joint responsibilities and regular visits, with the child continue if you and your partner should separate

Can I Take a Parenting Agreement to Court?
Courts are ambivalent when it comes to let same-sex partners continuing a parenting relationship with a non-biological child, depending on local state attitudes and laws. It is often better to work out an agreement on your own or hire a mediator that can negotiate a settlement. Courts that have given visitation and parenting rights to non-biological same-sex partners have focused on any written parenting agreement and the level of involvement in the child's life.

Do I Need an Lawyer?
Because of the uncertainty for a gay or lesbian parent who, in some states, is not allowed to adopt, it would be wise to consult with a lawyer to ensure your parental rights if your relationship ends. Speaking with the proper lawyer and getting all the legal information that is available, will help you understand your rights and options.

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Related Articles:
•  Rights of Biological Parents
•  Step-parent Adoptions
•  Adoption Process
•  Adopting Parent Rights
•  Types of Adoptions
•  Pre and Post Adoption Rights of Biological Parents
•  Adoption by Gay and Lesbian Parents
•  Pre-Adoption Rights of Biological Parents
Related Forums:
•  Family Law Forum
Related Blogs:
•  Family Law Blog
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