Are you currently planning to end your marriage in California? If this is the case, you will naturally be concerned about your rights to custody. You will want to make sure that your rights to shared or sole custody are recognized by the court. There may be an extra layer of concern if you are an LGBTQ couple.
How is preference determined for custody rights?
You should be aware that matters that involve same sex couples & divorce are handled in a fair and equitable manner by the courts in California. This is due to the recent enactment of Sections 3011 and 3020 of the Family Code. These provide that the matter of preference will be decided in the best interests of the children.
There are a number of factors involved in making this decision. These will include such matters as who is more able to take care of the child. The finances and living conditions of both spouses will play a part. If neither parent can guarantee a safe environment, the court may consider appointing a guardian.
Issues of sex and gender are not applicable
You are sure to have a great many questions that you will need to have answered before you proceed with your divorce. One of them may well be if you will suffer any form of discrimination when it comes to the custody of your children. This is the main matter that recent laws have been amended to do away with.
Under California divorce law, the court will not consider your sex, gender expression, or sexual orientation when deciding matters of custody. This applies not only to parents but also to relatives and legal guardians. The factors that determine custody will be measured in a fair and completely non-discriminatory manner.