Craig Zotter & Associates

Same Sex Couple Laws In Pennsylvania-
Lesbian & Gay Rights

Same sex couples as an emerging force in the courts are forging new ground in the area of Family Law. Legal issues that have been litigated and now reside in "established" law for heterosexual couples must be looked at through a whole new prism. Same sex couples should always enter into a co-habitation agreement which helps to outline the consensual wishes of the couple should the partnership dissolve. The co-habitation agreement will address legal issues such as jointly held asses, real estate, retirement accounts, etc. The co-habitation agreement can also spell out custody arrangements for natural children and adopted children. There are a number of other legal issues that may need resolved in the event of the dissolution of a same sex partnership, such as health insurance, power or attorney and other estate issues.

Perhaps the most important part of a domestic partnership agreement sets forth their decisions relating to child custody and parenting. A co-habitation agreement is legally binding, just like any contract, on both parties regarding the financial issues, provided the contract is entered into lawfully. But, the custody and welfare of children is always open for the court to determine. And while a court will take into consideration custody terms agreed upon before the dissolution of the relationship, the agreement can be broken or modified by the courts.

If the same-sex non-biological parent has not adopted the partner's minor children and the relationship comes to an end, Pennsylvania law recognizes the rights of the same sex partner who is not the biological parent of minor children when the non-biological partner resided in the same household with the children and played a significant role in their upbringing. The courts may determine that the non-biological parent who has acted as a parent will stand in loco parentis to the minor children. When a biological parent separates from their same sex partner and the biological parent refuses meaningful contact with the former partner, the former partner has the right to file a Complaint for Custody and seek the legal recognition of the relationship with the minor children. If in loco parentis status is proven, the former partner has the right to seek visitation, partial custody, shared custody, and possibly even primary custody of the minor child if it is not in the best interest of the minor children to be in the care of the biological parent.

It must be noted that a former partner who establishs their rights regarding the minor children of the biological parent may also be establishing an obligation for child support.

The attorney's at Craig Zotter & Associates are familiar with same-sex issues in the area of custody and partners rights. Call us at 412-201-1111 to schedule an appointment with one of our experienced attorneys.