Montclair ‘Power Couple’ Safeguarding LGBTQ Rights In New Jersey

Check out our Patch article!

https://patch.com/new-jersey/montclair/montclair-power-couple-safeguarding-lgbtq-rights-new-jersey

Making Choices For Our Kids

We didn’t agree on a lot of things when we were married. We had a lot of feelings clouding our judgement. There was a lot of stress distracting us from prioritizing. After our divorce was finalized and everything was written in ink and signed off on, it all got easier.

It wasn’t quite overnight, but over time we grew closer and more capable of healthy communication when it comes to our kids. We had been on the same page before we got married and now we are back on the same page. We just needed to get rid of some of the other aspects of our relationship to become the parents we were meant to be.

So while some minor details aren’t always agreed on, we seem to always find a good place to land when it comes to the big issues. Like our children’s wellbeing, mental health, and meeting their individual needs.

Our daughter comes with a whole host of needs. Not all of which made sense to us at first. And not all of which came with any sort of “how to” guide. Allowing our child to transition was the simplest and hardest thing to come to terms with. We both knew who she was and who she needed to be allowed to be. We both were terrified of messing this up. We consulted wit ha specialist. We met with other families, some in real life, some virtually. We took it slowly and followed her lead.

Most recently, we signed documents and mailed out a check. We finally gave our girl what she needed in order to be able to live her life. A child shouldn’t have to come with an explanation or a “heads up” before starting a new class. A child shouldn’t always have to enter a new arena by waiting on the outskirts while their parents explained to the adults in charge what to expect. And now, she won’t have to.

https://www.nj.gov/health/forms/reg-l3_1.pdf

https://www.gardenstateequality.org/faq

Will Other States Recognize My New Jersey Civil Union?

Under New Jersey law, a civil union is a legally recognized status for same-sex couples. Participants in a civil union have the same rights and responsibilities as married couples in the state of New Jersey. However, a civil union is not the same thing as a marriage but a separate relationship status. The New Jersey legislature created civil unions by statute in 2006 in order to provide same-sex couples with the same rights and responsibilities as married couples. The Civil Union Act became effective in 2007. Obviously, legislators in New Jersey enacted the Civil Union Act prior to the legalization of same-sex marriage in the state, which occurred in conjunction with a New Jersey Supreme Court ruling of Garden State Equality v. Dow in October of 2013.

Following the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, state laws banning same-sex marriage and refusing to recognize same-sex marriages legally entered into other states were invalidated as violations of due process and equal protection rights. Given the fact that same-sex marriages are now legal in all states, and all states must recognize the same-sex marriages of other states, it is unclear whether civil unions should still be permitted for same-sex couples. Nonetheless, a civil union remains a legal possibility in the state of New Jersey; a civil union also is likely to be recognized as valid in other states that also have legislation regarding civil unions. However, it is unclear whether other states that don’t have a civil union law still will recognize civil unions, or whether it is necessary at this point. For instance, the states of Delaware and Rhode Island formerly had laws providing for civil unions replaced those laws with same-sex marriage legislation in 2013.

Interstate cases can quickly become complex, and you will find that legal assistance is necessary to ensure that you receive the best possible outcome in your case. We understand that no two families are the same, so we treat you as a person with a family and with unique concerns and needs. The bottom line is that we are here to help you through whatever family law matter you are facing, from civil unions to dissolutions of marriage, from second parent adoptions to child custody cases. The lawyers at Argentino Family Law & Child Advocacy, LLC, regularly handle all types of family law, divorce, and other cases involving children. Contact our experienced attorneys today so that we can get started on the work that is necessary to resolve your legal matter. With our lawyers at your side, you will be able to make important decisions about your family from a position of knowledge, confidence, and strength.