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2006 Fam. L. Litig. 1 (2006)

handle is hein.aba/famlit2006 and id is 1 raw text is: FAMILY LAW LITIGATION A Publication of the Domestic Relations and Family Law Litigation Committee of the Section of Litigation Sume 206.l 5 o I0. S4 3- S SY T,- - . S S .... . . . ... .. .- ....... .6e gVA Representation of Clients in Same Sex Parenting Disputes: Too Many Questions, Too Few Answers By Charla Bizios Stevens Every parenting case brings its own unique challenges. It is difficult enough to meet the needs of the traditional family in crisis where the law is generally well-defined, and the precedent is ample. Even unmarried parents of children can be given some level of comfort and predictability to the extent that is ever possible in a parenting case because the courts have dealt with these matters with at least some uniformity. We know what the issues are; we have handled similar cases before; the courts are comfortable dealing with the controversies presented. When, however, the children at issue have been parented by a couple of the same sex, so much depends upon where the parties live as the results vary from state to state and county to county. The purpose of this article is to focus on the issues confronting both parents, particularly the parent with no biological connection to the child, and to give some of the author's personal thoughts on how to minimize the unpredictability of the future for members of the non-traditional family. Pre-Birth or Pre-Adoption Planning As attorneys, we so often wish clients would come to us prior to the point of a dispute. How often do we ask clients why they did not seek a prenuptial agreement before the wedding, prepare a trust prior to the need to obtain nursing home care, or consult with counsel before unilaterally modifying child support payments due to a change in cir- cumstances? In the arena of same sex parenting, the need to plan in advance is even greater and can be even more beneficial than in other areas of law. We must convey to our clients and the public at large the importance of preparing and executing docu- ments which can hopefully be used to fill in where the law has not yet gone. If the decision is to adopt, the first order of business is to check the statutes governing adoption to determine whether they are broad enough to allow both parents Continued on page 4