Video Summary:

This video discusses the evolving legal landscape for LGBTQ+ parents in divorce and custody cases, particularly since the landmark Obergefell v. Hodges decision. Historically, non-biological parents faced significant legal hurdles in maintaining custody or visitation rights, especially in cases involving adoption, in vitro fertilization (IVF), or intrauterine insemination (IUI). While challenges still exist, courts and legislatures have made progress in protecting the rights of LGBTQ+ parents, ensuring that children can maintain meaningful relationships with both parents, even in cases where there is no biological connection. The legalization of same-sex marriage has further strengthened these rights, making parenthood more secure for LGBTQ+ families.

Video Transcript:

I have represented numerous LGBTQ+ clients and have also mediated divorces for LGBTQ+ couples. Since the Obergefell v. Hodges ruling, the legal landscape has changed dramatically.

One of the most significant challenges LGBTQ+ parents face in divorce involves parenting rights and custody, particularly when one or both partners are not the biological parent of the child. Many LGBTQ+ couples expand their families through adoption, in vitro fertilization (IVF), or intrauterine insemination (IUI), which historically created legal difficulties during divorce.

Although custody issues still present challenges, courts and legislatures have worked to establish a legal framework that allows a non-biological parent to continue their relationship with a child post-divorce. The legalization of same-sex marriage has further improved parental rights, particularly for those who have adopted children or had children while legally married. For many LGBTQ+ families, these changes have been a critical step toward securing parental rights and family stability.