Understanding LGBTQ+ Family Law Issues

LGBTQ+ individuals and couples in Georgia face unique challenges when navigating family law matters. Whether dealing with divorce, child custody, adoption, or other family law issues, understanding the specific legal rights and protections afforded to LGBTQ+ individuals is crucial for ensuring fair treatment under the law. 

In Georgia, same-sex marriage has been legal since the Supreme Court’s 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. However, LGBTQ+ individuals may still face hurdles in areas such as adoption and parental rights. For instance, when it comes to adoption, one parent may be required to establish legal parental rights to ensure their role in their child’s life, especially if the other parent is the biological or adoptive parent. 

Child custody cases involving LGBTQ+ parents may also present challenges, particularly if one parent challenges the other’s ability to raise a child due to their sexual orientation or gender identity. Georgia courts, like those in many other states, are guided by the best interests of the child, and any discrimination based on a parent’s sexual orientation or gender identity is prohibited. 

Another significant area of concern for LGBTQ+ individuals is spousal support and property division in divorce cases. In the event of a divorce, same-sex couples may encounter difficulties in navigating the division of property or determining spousal support, particularly if the marriage was entered into later in life or involves significant disparities in wealth accumulation. 

If you need assistance with LGBTQ+ family law issues in Georgia, contact our office at 770-741-1570 or visit www.chisolmtrimblelaw.com. Our firm is one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s Super Lawyers.