New York’s legal system treats all custody cases based on what’s best for the child. Since 2011, the state’s courts have worked to protect the rights of same-sex parents, making sure they get fair treatment in custody decisions.
What NY law says about same-sex parent custody
NY courts look at custody cases the same way for all parents. The Marriage Equality Act of 2011 gives same-sex couples equal rights under family law. Both legal parents have the same standing in court, whether they became parents through biology or adoption.
What courts look at during custody cases
When deciding custody, NY judges review several key points to make the best choice for the child:
- Each parent must show they are legal parents through birth, adoption or court orders
- Daily care routines and each parent’s role in the child’s life
- Homelife and how well each parent can keep the child’s routine
- How well parents work together for their child’s needs
- Each parent’s plans for the child’s education and health care
The court wants to see proof of these factors through:
- School and medical records
- Proof of shared decision-making
- Records of time spent with the child
- Evidence of providing care and support
NY courts aim to keep both parents in the child’s life when possible. They look for signs that each parent supports the child’s bond with the other parent.
Moving forward with custody plans
Same-sex parents should keep clear records of their roles in raising their children. This helps during court decisions about custody. While NY law protects same-sex parent rights, getting help from a family lawyer who knows LGBTQ+ cases can make a big difference. They can guide parents through the legal steps and help create firm custody plans that work for everyone.