What Do Nebraska Courts Consider When Determining Child Custody In A Same Sex Divorce Case?
A same-sex divorce case regarding child custody would be treated the same as if it were a divorce case between a man and a woman. Both spouses need to be the legal parents of the child. The spouses involved need to be the child’s biological or adoptive parents. The primary requirement is the parental legality of the child at issue. The court would then determine custody in the child’s best interest.
How Can A Non-Biological Parent Protect Their Parental Rights In A Same-Sex Divorce In Nebraska?
It would be difficult and challenging to assert any non-biological parental rights if he or she is not the legal parent of the child. However, if the non-biological parent is an adoptive parent, then the circumstance would be different. The non-biological parent would have the same rights as a biological parent.
There is a legal doctrine that an attorney may use in a case where a non-biological parent is claiming parental rights – it’s called in loco parentis. This doctrine is a way to express or show how a person’s actions exemplify that of a parent who provides support, love, and comfort to the child. A few examples exist in Nebraska, where the court has allowed some rights for a non-biological parent. However, it’s an uphill battle, and the best solution would be adoption to avoid future custodial issues.
How Does The Court Deal With Division Of Assets When A Same-Sex Couple Has Acquired Property Together Prior To Same-Sex Marriage Being Legalized?
The court would treat a division of assets case the same as a husband and wife case. If a same-sex couple lived together, married, and divorced after a few years, the case would be handled no different than a man or woman who lived together, married, and divorced after a few years.
The court in Nebraska only allows the division of assets if those assets and debts were accumulated during the marriage. The assets and debts that were accumulated before the marriage are not going to be part of the divorce proceeding. However, there is a way to handle assets accumulated before marriage, but it’s complicated. A separate action would have to take place to determine how to divide the assets and debts that were acquired before the parties were married.
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