Articles Tagged with same-sex marriage

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

The U.S. Supreme Court recently handed down an important victory for supporters of gay parental rights. How did they do that? By remaining silent. The case before the court concerned a lesbian couple in Arizona fighting over custody of their son. The case has been slowly making its way through the court system for years. An appeal was filed to the U.S. Supreme Court after a landmark decision last year by the Arizona Supreme Court, which abolished discrimination between gay and straight couples under state law. The worry by some was that the U.S. Supreme Court would agree to hear the case and potentially disagree with the state court. That did not happen, instead, the Court rejected the appeal, giving no reason for the decision.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

Though it’s gone smoothly in some places, other courts in more conservative states have had a bumpy road adapting to changed legal realities since the landmark same-sex marriage case decided by the Supreme Court in 2015. A good example of this is in Tennessee, where one same-sex couple has spent months and months fighting to get a divorce, something that has proven harder than many expected.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Note: This is Part II in a series examining the state of legal rights for same-sex married couples, a year after the U.S. Supreme Court recognized their constitutional right to marry. Part 1 can be found here.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

As the one-year anniversary to the U.S. Supreme Court’s recognition of same sex marriage has approached, numerous legal issues remain for same-sex families. The massacre in Orlando, Florida in the early hours of June 12 of this year reminds us of just how far LGBT+ equality has come, and how very far it still has to go. This is Part I in a series examining some of the legal issues still confronting same-sex married couples.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

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Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Courts across the country continue to grapple with last year’s same-sex marriage ruling from the U.S. Supreme Court. Though the decision altered the legal landscape nationwide, the Supreme Court left much of the implementation to the state courts, issuing a very broad decision. It is now up to the lower courts to work through the many challenges that decision will create.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are covered by child support?”


Same-Sex Adoptions

Mother and child Charlotte Divorce Lawyer Mecklenburg Adoption AttorneyIn 2015 the U.S. Supreme Court ruled once and for all that same-sex marriage was legal.  But what about state adoption and birth certificate laws that still assume marriage is always between a man and a woman?

Even though same-sex marriage became legal in all 50 states last year, gay couples in North Carolina and many other states still face numerous legal hurdles that straight couples do not when it comes to making and preserving a family.

A recently introduced bill in Arizona highlights how far our country still has to go towards true equality. Lawmakers proposed a bill in January 2016 that would strike the language in the state adoption laws that give preferences to married heterosexual couples. This is in a state that currently has almost 20,000 children in foster care and is turning away qualified, loving prospective parents.

The bill is designed to help both the children involved and potential parents. The legislation, introduced in both the Arizona House of Representatives and Senate, argues that the U.S. Supreme Court’s decision legalizing same-sex marriage last year bans laws that give preference to heterosexual couples.

North Carolina state adoption laws are written much like Arizona’s—they presume that parenting takes place between a mother and a father, and they don’t let unmarried couples adopt.


Form of Adoption Legal Status of Petitioner Allowed in North Carolina?
Solo Single Yes
Joint Married Yes
Second-parent adoption Single or Married No
Stepparent adoption Married Yes



Any single adult can petition to adopt in all fifty states. However, in North Carolina, “joint adoptions,” where both partners petition the court to adopt a child together, is not available unless the partners are married. So if you’re married and want to adopt a non-related child together, you can jointly petition to adopt in North Carolina.

But what if one of you is the biological parent of a child and you want the other to become their second legal parent? Because birth certificates in North Carolina specifically only have spaces for a mother and father, only one of you would have been allowed to put a name on your child’s birth certificate. Second-parent adoption, while around in other states, is not allowed here. So now that you can be married, if you have since done so, how can you obtain full parental rights to protect your family?


Enter Stepparent Adoption. Since the federal marriage ruling last year, something called stepparent adoption became available to same sex-couples in North Carolina. Before gay marriage was legal, this type of adoption was only available to married, and therefore straight, couples. Stepparent adoption is actually the most common type of adoption in the United States, and is same-sex couples are increasingly using it to guarantee the rights and protections of their families.


What Do I Need to Qualify for a Stepparent Adoption?

  • To be legally married to the child’s biological parent
  • The parental spouse must have legal custody of the child
  • The home you share with the parental spouse needs to have been the child’s primary residence within the six months immediately before the filing of the adoption petition
  • Consent to the adoption from the child’s other parent, unless one of the few exceptions to this requirement applies (such as if the parent received notice of the adoption proceedings but did not respond within 30 days, or if they have had their parental rights already terminated by a court order)
  • Consent from the child if he or she is 12 or older (unless the court decides the child’s wishes are not in his or her own best interests.


Stepparent adoption does not automatically terminate the rights of the child’s second biological parent, but you can petition the court to do so if it is the best interests of the child. If you or your someone you love is thinking about adopting in a same-sex relationship, contact Arnold & Smith, PLLC at (704) 370-2828 today so one of our experienced and dedicated family law attorneys can help you protect the rights of your family or find additional resources here.


About the Author

ARNOLD & SMITH LAWMatthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.






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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “When do you get alimony?”

Family law experts have long said that not enough people consider the potential value of a prenuptial agreement. Too often what family law attorneys hear is that prenuptial agreements are only for rich people or those on second and third marriages that want to ensure children from their first marriage are being looked after. This couldn’t be further from the truth, as prenups can be useful in almost any circumstance. Unfortunately, this same prenuptial skepticism has carried over to many same-sex couples who, for the first time, are now able to marry legally nationwide. The reality is that though prenuptial agreements are beneficial to same-sex couples for all the same reasons as they are to opposite-sex couples, there are other reasons why same-sex couples may benefit even more. To find out more about the benefits of prenuptial agreements for same-sex couples, keep reading.