Are there any special considerations for same-sex couples in a child custody case?

In New Mexico, same-sex couples face the same legal considerations as other couples when it comes to child custody cases. Generally, the court looks to the best interests of the child when deciding a child custody arrangement. As such, the court will consider the child’s relationship with each parent, any potential danger to the child’s welfare, each parent’s ability to provide emotionally and financially for the child and more. When a child’s parents are a same-sex couple, the court will determine which parent is the legal parent of the child. This is typically done by looking at the fact of who has legally adopted the child. If both parents have adopted the child, the court will consider the best interests of the child to decide legal custody. The court may also take into account the intention of same-sex couples who use assisted reproduction or surrogacy to have a child. If it is found that a same-sex couple intended to both be the parents of the child, then the court may grant joint legal and physical custody to both parents. Ultimately, the court will look to the best interests of the child in making a decision in a child custody case. Considering the intention of the same-sex parents of the child can be an important factor in the court’s decision.

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Are there any special considerations for same-sex couples in a child custody case?

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