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Custody Rights After a Same Sex Divorce

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  • 11-02-2015, 12:58 PM
    bmarie3
    Custody Rights After a Same Sex Divorce
    My question involves a marriage in the state of: California
    I am in a same sex marriage. My wife and I decided to have a baby. We used a friend as the donor. We did a at home insemination. I am now 8 months pregnant. During this pregnancy we have decided that we want a divorce. I am trying to figure out if my ex wife will have any rights to the baby. The Donor has now said he is more than happy to be in his childs life and is going to be claiming the baby as his. So Im not clear on how to fill out the paper work for Divorce. Does she have any rights to my child. Thank you.
  • 11-02-2015, 01:23 PM
    llworking
    Re: Custody Rights After a Same Sex Divorce
    Quote:

    Quoting bmarie3
    View Post
    My question involves a marriage in the state of: California
    I am in a same sex marriage. My wife and I decided to have a baby. We used a friend as the donor. We did a at home insemination. I am now 8 months pregnant. During this pregnancy we have decided that we want a divorce. I am trying to figure out if my ex wife will have any rights to the baby. The Donor has now said he is more than happy to be in his childs life and is going to be claiming the baby as his. So Im not clear on how to fill out the paper work for Divorce. Does she have any rights to my child. Thank you.

    You are going to need an attorney. Because you did the whole thing in such a back door manner clearly the father can establish his parental rights if that is what he wants. What is murkier is if your wife has any rights. This whole area of law is new enough still that its murky.

    Does she WANT rights to the child?
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