Three Ways the California LGBTQ+ Community Faces Challenges With Family Law
There are also some fundamental differences in dealing with LGBTQ+ family law, both in terms of the law itself and the situations rainbow families are more likely to find themselves in.
California family laws don’t always reflect the realities of today’s households, especially among the LGBTQ+ community.
Here is a quick look at three differences that may apply to you and your family:
1) Parents aren’t always automatically recognized, especially when adoption or assisted reproduction is involved.
Custody rights can prove technically challenging, particularly for divorcing couples who have conceived through surrogacy and in vitro fertilization and establishing parental rights will often rely on pre-existing pieces of documentation, such as pre-birth orders and adoption papers.
2) Litigation can unintentionally “out” transgender people by disclosing prior names.
For trans members of the LGBTQ+ community, there can be several considerations when it comes to family law that do not apply to their cisgender counterparts. First, there is the consideration that the prior name disclosure required for litigation may unintentionally “out” transgender people who have not shared their transition publicly. Pronouns can also be an additional source of anxiety for LGBTQ+ people during litigation.
The legal system can feel outdated at times, with several laws traditionally having been written exclusively in “he/him” pronouns.
3) Social services agencies don’t always respond effectively to LGBTQ+ needs in domestic violence situations.
Certain members of the LGBTQ+ community are at greater risk of domestic violence.
A CDC study showed that 61 percent of bisexual women have experienced physical or sexual violence or stalking from their current or previous partners, and another study showed that approximately 60 percent of trans people have experienced domestic violence in the home (from either their partners or other members of the family).
However, the wider understanding of LGBTQ+ domestic violence is often quite limited, and services and legal help are often targeted toward heterosexual couples.
Click here to learn more about family law for LGBTQ+ families in California and what this might look like in your situation. If you have questions, we want to hear from you at (310) 620-1499.
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