Cases of child custody used to be much more cut and dry than they are today. Modern multicultural society offers a lot of opportunities but also has some challenges within the court system, particularly in divorce and family law. Courts are being forced to find ways to adapt the current legislation to meet the needs of modern families. Traditional roles used to apply when primary custody was awarded by the courts; females were most often given custody, and sibling groups were held together. While this definitely seems to be the general trend, the courts can and do grant fathers custodial rights despite there being no statutory requirements for such, and this happens more often than before. Today’s custody cases, however, would represent two mothers, two daughters, one father and multiple mothers, and religious issues. When meeting families that don’t necessarily fit the spirit of the laws, the courts must rely on case law to try to establish continuity and maintain it. Come watch and join us at Jensen Family Law – Mesa for here.
Special families often provide lawyers with real difficulties because it’s completely uncharted waters for many. They don’t have that many GLBT references to work with and this can include hit or mess cases in the beginning. Everyone loves a “hit” but nobody wants to be one of the “misses” of the attorney even though it is through those cases that the attorney for family law will change. It is difficult to find an attorney with the experience of communities with same-sex sexuality. It’s even harder to find an attorney who might have experience with a same-sex family where one partner leaves the first for a straight relationship. Courts are still made up of people, and sometimes these people would look at the two families that could accept the child and tend towards the possibility of putting the child in a straight relationship regardless of how suitable the same-sex-oriented parent could be. How many attorneys had prior experience with such types of cases? Very few respond.
There may be social differences in certain parts of the country and “special” families built up from the religious roots of polygamy. Sometimes there are families in the immigrant populations in the United States who are legally married in another country, but are no longer legally married here due to bigamy laws in the United States. It becomes impossible for the court to decide on child custody when those marriages break up and alimony is out of the question with US rules. Issues such as this do go to court, and the form of lawyer becomes very important. Is he or she able to grasp the meaning, understands international property laws, understands immigration issues?
It is difficult to find the right lawyer for any of these types of cases because the expertise for special families is just not yet there. Of course you’re going to want to look for family lawyers who are experienced in GLBT families or religious divorces and custody, but even then it may be more important to find someone who trusts in you enough to really fight in a prejudicial court on your behalf.
If you’re looking for a GLBT family law attorney or a religious divorce specialist attorney you’ll certainly want to search around. In the selection process, speaking to people, having a feeling for their temperament and dedication, and knowing the enthusiasm that someone has for the law and specific circumstances are critical.