Charlotte Divorce Lawyer Sees Increase in Same Sex Couple Child Custody Battles

A family lawyer in North Carolina has noticed an increase in the number of same sex couple child custody cases.

2012-05-24

CHARLOTTE, NC, May 24, 2012 (Press-News.org) Charlotte divorce lawyer Angela McIlveen of the McIlveen Family Law Firm has noticed a recent increase in the number of same sex couple child custody cases.

When asked about the reason for the increase and the complexities of same sex couple child custody she says "The increase is due to the fact that more same sex couples are choosing to either adopt or conceive a child through in vitro fertilization and hence this leads to child custody issues if the relationship does not work out".

She adds "Determining child custody for same sex couples is more complicated than heterosexual couples because courts have to consider both biological parents and surrogate parents, or take into consideration those who act as parents, when making a custody ruling".

McIlveen went on to give an example of a recent case that involved a same sex couple that conceived a child through in vitro fertilization, wherein both females fully participated in the process. Prior to the child's birth, both parties entered in a parental agreement for the minor child.

Unfortunately, the couple separated after realizing that they could not maintain a healthy relationship with one another. The non-biological mother, was refused contact with the child as set forth in the parental agreement and hired Charlotte child custody lawyer Angela McIlveen to seek her custodial rights.

A lawsuit seeking custodial rights was filed against her former partner and after the trial the judge ruled in favor of McIlveen's client citing that she attended every single session of the fertility process, she was involved in picking out the donor and the child was even partly named after a member in her family.

The judge ruled that even though McIlveen's client was not the biological mother of the child, she was indeed a parent of the child, and that the original parental agreement would stand.

Angela McIlveen is a divorce lawyer in Charlotte, NC and a partner at the McIlveen Family Law Firm. McIlveen Family Law has office locations in both Charlotte & Gastonia, NC and has over 15 years of experience in North Carolina divorce and family law. The firm and has earned a solid reputation all throughout North Carolina both with judges and other attorneys. To schedule a consultation regarding your family law matter call (704) 557-0131 or visit the firm website at http://www.mcilveenfamilylaw.com.

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