In California, any person who has a reasonable interest in the welfare of a child may be granted visitation rights. This is true regardless of the person’s gender, and it also assumes that granting such rights would be in the child’s best interest. This is important for those who are in a same-sex marriage as only one person in the relationship would be capable of being a biological parent.
What would a judge consider when creating a visitation order?
A judge will first want to see evidence of a strong bond between a child and an individual claiming to be interested in that minor’s welfare. If you took an active role in caring for a minor child while part of a same-sex couple, this will likely suffice. Next, you will need to show that you can provide a quality environment for that minor. This typically means that you live in a safe home and that you can provide food, clothing and other basics for the child while in your care.
Issues between the parents might not influence a visitation order
In most cases, allegations of assault against another adult won’t prevent you from obtaining visitation rights to a minor. However, you may have to accept conditions on visitation such as where and when you can be with the child until you prove that you’re not a danger to them.
Ideally, you’ll begin preparing to obtain visitation of your child prior to getting divorced. Bank statements, phone records and other evidence may be used to show that you have a strong relationship with a child and are legitimately interested in that child’s development. Ultimately, this may be enough to remain a strong presence in a minor’s life after a divorce is finalized.