Though gay marriage is legal in the United States, it took several years of advocacy to arrive at this moment. This should be viewed as a tremendous achievement. But, when it comes to family conflicts, both heterosexual couples and same-sex couples face similar difficulties.
At Boise Family Law, our Boise LGBTQ family law attorney offers quality legal representation to lesbian, gay, bisexual, and transgender partners. We deal with numerous legal matters affecting the rights of lesbian, gay, bisexual, and transgender couples. We also advocate for LGBTQ rights in other areas, including property division, maintenance, adoption, parenting time, pre-and postnuptial agreements, allocation of parental responsibilities, and dissolution of civil unions.
We keep ourselves updated with the changing laws that affect the rights of the LGBTQ community. To learn more about how our Boise family law attorneys can help you, call us at 208-968-9060.
What Does A Boise LGBTQ Family Law Attorney Do?
Since same-sex marriage is legal, LGBTQ couples face the same issues as those in heterosexual marriages. An LGBTQ family lawyer handles family law disputes for LGBTQ couples such as:
- Marriage, Civil Unions, and Domestic Partnerships
- Adoption
- Child Support
- Child Custody
- Divorce
- Support
- Cohabitation
- Estate Planning
- Prenuptial Agreements
- Palimony
- Alimony
- Living Wills
- Powers of Attorney
- Discrimination
What Qualifies As A Family Law Case?
Family law cases are civil cases involving issues between spouses, parents, children, and sometimes grandchildren. Cases that qualify as family law cases include:
Contested and Uncontested Divorce
These cases qualify as family law cases because the parties involved have to petition a court order from the family court to end the marriage through contested or uncontested divorce. The court can also grant a separation to spouses who want to remain legally married.
Parental Rights, Child Custody, and Child Support
In these cases, the court decides who will get custodial & visitation rights of the child and outlines the parental rights and responsibilities. The court also decides how much child support will be paid.
Spousal Support and Alimony Agreements
In these types of family law cases, one spouse may be ordered to pay or be entitled to receive alimony to their soon-to-be ex-partner.
Legal Name Changes in Idaho
This is also a family law case because it involves changing legal names on an individual’s birth certificate.
Restraining Orders
These are family law cases whereby the family court issues protection orders to protect victims of domestic violence from their abuser.
DSS (Department of Social Services) Cases: These are family cases that involve children being removed from the custody of their biological parents or legal guardians due to abuse and neglect. In such cases, parents that have been accused of the same might have their children taken away from them by the Department of Social Services.
How Can A Lawyer Protect The Rights Of Gay And Lesbian Parents?
At Boise Family Law, we offer quality legal representation and help protect the rights of gay and lesbian parents in the following areas:
Prenuptial Agreements
A prenuptial agreement is a written contract that spouses sign prior to marriage to designate how the couple will divide the money, debts, investment portfolios, and other financial assets should they decide to part ways. It can be an excellent tool for opening the lines of communication before getting married. Just like same-sex couples, gay and lesbian couples have a right to prenuptial agreements. A lawyer can help LGBTQ couples protect their right to prenuptial agreements.
Adoption
Gay and lesbian parents can adopt children just like heterosexual couples. We can help with the adoption process if you wish to adopt your spouse’s biological child or via an adoption agency – domestic or abroad. Since it is your right as a gay or lesbian couple to be able to adopt children, we will make sure that the whole process is smooth and seamless.
Divorce
A divorce can be an emotional, heartbreaking process, whether it involves a gay or heterosexual couple. It is also a legally complex process that involves several contentious issues such as child allocation, maintenance, parenting time, child support, and property division. When you are going through a divorce, we will ensure that your rights and best interests as a member of the LGBTQ community are protected.
Allocation of Parental Responsibilities
As a gay or lesbian divorcee, you have the right to make significant decisions on behalf of a child regarding their religion, education, healthcare, and extracurricular activities. However, divorcing parents will need to determine who has the right to make these decisions.
Parental responsibilities may be allocated to one spouse (sole allocation) or both spouses (joint allocation). For sole allocation, only one parent has the right to make crucial decisions, while joint allocation allows both spouses to have a say in the decisions. At Boise Family Law, our attorneys have vast experience in LGBTQ parentage issues. We can protect your right to make crucial decisions as an individual or jointly. Our goal is to ensure that your best interests and the child’s best interests are served.
If you are a gay or lesbian couple in need of help dealing with custody, child support, divorce, asset protection, property division, or other family law-related issues, you can count on Boise Family Law.
What Are My LGBTQ Rights In Idaho?
Homosexual activity in Idaho: Consensual sexual activity between individuals of the same sex is legal in Idaho.
LGBTQ Marriage: The state of Idaho recognizes same-sex marriages since Oct 15, 2014.
Idaho’s laws regarding single LGBTQ individuals adopting minor children: Idaho permits single LGBTQ persons to petition to adopt.
Idaho’s laws regarding same-sex couples adopting minor children:
- It is legal for a same-sex couple to petition to adopt in the state of Idaho jointly.
- Idaho permits a gay or lesbian partner to petition to adopt a partner’s child.
Right to change legal gender in Idaho: Idaho recognizes and allows sex reassignment by permitting a change of legal gender on an individual’s birth certificate.
LGBTQ discrimination in Idaho: Idaho prohibits discrimination based on sexual orientation and/or gender identity.
Students: LGBTQ students have the right to:
- Attend school freely without fear of being harassed because of their sexual orientation and/or gender identity
- Not be outed to their parents or family or at school
- Organize Gay-Straight Alliances and other clubs
- The same 1st amendment rights to freedom of speech as other heterosexual students
- Wear the gendered type of clothes that they feel comfortable in at prom or other dances
- Take a same-sex date to prom or other dances.
Why Should I hire An LGBTQ Alimony Lawyer?
Contesting a family law case without a qualified LGBTQ alimony lawyer can be risky. Here is why you should consider hiring an LGBTQ lawyer:
Compassionate Support
After the Supreme court of the United States of America ruled in favor of gay marriage, same-sex couples face the same challenges and have the same rights as other married couples. At Boise Family Law, we are dedicated to helping same-sex couples resolve their family disputes.
Knowledge and Experience
Thanks to our vast experience in family law matters, we can offer dependable legal counsel and specific information on the legal processes and obligations you can expect to encounter.
Asset Division
Since many LGBTQ couples co-own essential assets such as houses, businesses, and bank accounts, personal and financial stakes are exceptionally high when the marriage doesn’t work out. Dividing these assets fairly is the job of an experienced and skilled Boise LGBTQ family law attorney. During the asset division process, we will prioritize your financial interests.
Protection From Creditors
When it comes to the division of property, it’s not all about assets. Any debts accrued in the course of the marriage need to be divided between the two parties. We can help ensure that all debts are fairly divided and that one party doesn’t get into trouble with creditors for debts that he or she did not incur.
Answering Your Custody And Visitation Questions
By hiring an LGBTQ family law attorney, your questions about custody and visitation will be as good as answered. Our lawyers understand how meaningful your relationship with your children is. We will help you understand your options and answer any queries you may have about your custody and visitation rights as an LGBTQ parent. We will advise you about:
- Negotiating a parenting plan
- Pursuing visitation or custody if the child is not biologically yours
- Protecting a child you care about from domestic violence or abuse
Contact Our Boise LGBTQ Family Law Attorneys Today
At Boise Family Law, we understand that some issues regarding family law may be indistinguishable for both same-sex and LGBTQ couples. But, we are also aware that lesbians, gays, bisexuals, and transgender people are faced with several crucial issues and concerns that are unique to the LGBTQ community. Our family law attorneys work diligently to ensure that your rights are protected every step of the way and that your specific needs are dealt with.
If you are an LGBTQ couple in need of help dealing with family law issues such as divorce, child support, custody, property division, asset protection, or other family law matters, you can count on Boise Family Law. Call 208-968-9060 today and schedule a consultation with one of our experienced and compassionate family law attorneys.