Same Sex Partners' Custody Issues

Arizona Same Sex Parents and Domestic Partners' Rights

Although Arizona recognizes neither the right of same sex partners to marry nor the right of gay or lesbian partners to adopt a child together, under certain circumstances the nonparental partner of a gay or lesbian couple can assert a right to child visitation if the domestic partnership breaks up. If you need advice about either asserting or resisting the right to child visitation, contact a knowledgeable family law attorney at the Law Offices of Scott David Stewart.

This issue can arise upon the dissolution of a domestic partnership in which one partner is the primary custodial parent of a child or is the adoptive parent of a child. In order to assert a right to maintain a relationship with the child beyond the breakup of the domestic partnership, the person asserting the right must be prepared to prove the existence of a truly substantial relationship with the child. This relationship must be shown to go beyond mere friendship or companionship, but should demonstrate at least several attributes of a parental relationship: material support, a role in formulating and enforcing rules, guidance and nurturance, genuine concern for the child's growth and development, or other factors.

The domestic partnership itself will presumably have been an established and stable household for a period of years for such a relationship with the child to have formed in the first place. Most importantly, the same sex partner asserting a right of visitation must be able to show that the child's best interests will be served by recognizing a continued right of access.

The position of the partner asserting a right of continued contact with a child is similar to that of a stepparent in a divorce, or a grandparent whose grandchild lives primarily with a former daughter-in-law, or with a never-married mother. Arizona law recognizes none of these relationships as automatically entitled to recognition or protection, but upon the proper showing, visitation can be awarded in any of them on the basis of a sufficiently substantial relationship and the best interests of the children involved.

For a consultation about your practical ability to present your claim in court, contact Phoenix child visitation lawyer Scott David Stewart.