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LGBT Family Law
North Carolina attorneys help LGBT and same-sex families
Haas & Associates, P.A. lawyers know that families come in many different forms. We help two-parent families, same-sex couples, single parents, multi-generational families, foster families and those related not by blood, but by love. Regardless of the form the family takes, our first concern is to achieve security for our LGBT families and to put the interests of the children first. Our goal is to develop creative and effective solutions to protect LGBT families in partnership, estate planning, adoption and parentage matters:
Forming, securing and protecting families
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Without proper planning, the death of a person in an LGBT family can be devastating to his or her partner and family. Since the law does not provide protection to partners that are not married, failing to have an estate plan may be tantamount to giving up control of one's estate and decision-making authority in times of incapacitation or death.
The need for an estate plan is critical in case of an accident or illness that renders one partner incapable of making decisions or managing his or her affairs. Without a proper estate plan, the other partner could be legally precluded from having any role in the decision-making regarding his/her partner's care, managing his or her affairs or even having access to the incapacitated partner in the hospital, rest home or other facility.
Protecting the interests of every family
Families come in all shapes and sizes, but the law does not always address them the same ways. Unmarried and same-sex couples must take extra measures to ensure their partners and families are protected. It is critical for LGBT individuals and non-traditional couples to thoroughly express their wishes using the proper documents. At Haas & Associates, P.A., we address your concerns and help you find the best legal and practical solutions to make sure your interests are protected and your family's needs are met. For more information, contact us to come in and speak with an attorney about your options, including those described here.
Domestic partnership documents
Domestic partnership agreements
Even if you have been together for many years or are married in another country or state, the state may not recognize your relationship as a marriage, which will affect your legal rights if you and your partner ever decide to separate. You can avoid many legal problems by putting your living arrangement agreement in writing. In the event that marriage becomes available to same sex partners in NC, the domestic partnership agreement can operate in a manner similar to a prenuptial agreement or be revoked by mutual agreement. The following are a few of the issues that can be addressed through the use of a domestic partnership agreement:
- How finances are addressed between the parties, clarifying the responsibilities and entitlements of each party
- How tax consequences are dealt with regarding gifts and property transfers
- How property is owned/titled, valued and distributed upon separation
- Whether the parties have a legal claim for child custody and/or child support
- What legal remedies are available for resolving any disputes
Because North Carolina does not have a legal framework specifically designed to assist non-married couples through the process of dissolving their domestic partnerships, proceeding without a written agreement may result in your having to face difficult and possibly expensive legal battles should you and your partner separate and you are unable to agree on issues such as property distribution, support and taxes. Domestic partnership agreements can be modified by the parties, upon consent of both parties.
Property settlement agreements
Some couples keep all their finances and belongings separate, while others purchase items such as furniture together. Many couples think keeping their property and finances separate will protect them from any conflicts over assets. Unfortunately, this is not always the case. In the event that you and your partner do not already have a domestic partnership agreement that addresses how property will be distributed upon the dissolution of your domestic partnership, the best way to avoid misunderstandings and/or costly legal battles is to execute a written property settlement agreement that clearly defines how property will be owned, transferred, valued and distributed under certain circumstances. Property settlement agreements can be modified by the parties, upon consent of both parties.
Parentage documents
Donor insemination and surrogacy agreements
When trying to decide how you wish to create your family with the assistance of individuals outside your domestic partnership, careful consideration should be given to establishing the rights and obligations of all persons involved, including clarifying who does and does not have parental rights and/or obligations and the procedure by which those rights/obligations are established or terminated. For information about assisted reproduction, please visit our Surrogacy page.
Second-parent adoption
The law firm of Haas & Associates, P.A. is one of very few firms in North Carolina that has successfully achieved second-parent adoptions. A second-parent adoption—also called a co-parent adoption—is a legal procedure that allows a co-parent to adopt his/her partner's biological or adoptive child without terminating the first parent's legal status as a parent. A second-parent adoption is much like a step-parent adoption, in that the parental rights of the existing legal parent are not terminated when the co-parent adopts the child. Second-parent adoptions allow for couples in a committed relationship to provide their child with all the benefits of having two parents, including health insurance coverage under the second parent's policy, child support enforcement; entitlement to governmental benefits from the second parent, such as Social Security and workers compensation, entitlement to pensions and retirement plans of the second parent, possible wrongful death and other tort damages arising from the death or disability of the second parent, and stability and continuity of care if the first parent dies while the child is still a minor. A final adoption is non-modifiable.
Legal custody
Establishing and clarifying the rights of parents regarding the legal and physical custody of a child can be achieved through the use of a court order, which can be obtained by consent or through protracted litigation, depending on the level of the parties' commitment to co-parent. The custody order can then be used to enforce the rights and obligations of each party with regard to what is in the best interest of the child. Establishing a legal basis for each party's custodial rights creates a more stable environment around the child's parent-child relationships and provides a legal framework for resolving disputes around what is in the child's best interest of the child. Custody orders can be modified by a court of competent jurisdiction.
Co-parenting agreements
These agreements establish a written record of a couple's intentions about parenting their children, and provide guidance for the decision makers should a dispute arise. A co-parenting agreement spells out the parenting arrangement should the couple's relationship end, including custody, visitation, child support and college tuition. The agreement can also be used by the courts to establish a relationship between a non-legal parent and a child, in order to provide the child with the most consistent level of care. Co-parenting agreements can be modified by consent of both parties.
Estate planning documents
Authorization for the healthcare of a minor
An authorization for the healthcare of a minor is a legal document which lets you specify how healthcare decisions may be made concerning your child, in the event you become incapacitated or are unavailable to make these decisions. Without an authorization for the healthcare of a minor, the law states that your next of kin will be authorized to make decisions regarding your child's healthcare decisions when you cannot. Protect your child by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for your child. An authorization for the healthcare of a minor may be revoked or amended by the individual who granted the power.
Durable powers of attorney
If you become incapacitated, powers of attorney documents ensure your partner, children or a person you choose can manage your financial resources. Without a durable power of attorney, the law states that your next of kin—parent or sibling—is authorized to make decisions regarding your financial affairs in the event you become incapacitated. Protect financial security by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for yourself. A durable power of attorney may be revoked or amended by the individual who granted the power.
Healthcare powers of attorney
A healthcare power of attorney is a legal document which lets you specify how your healthcare needs will be met in the event you become incapacitated, including but not limited to the following:
- The person or persons allowed to make decisions about your healthcare
- Who is allowed admission to visit you in the hospital or other healthcare facility
- Who is your guardian in the event you are declared incompetent
- Who is entitled to your protected healthcare information
Without a healthcare power of attorney, the law states that your next of kin—parent or sibling—is authorized to make your healthcare decisions in the event you become incapacitated. Protect yourself and your private information by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for yourself. A healthcare power of attorney may be revoked or amended by the individual who granted the power at any time prior to his/her incapacitation.
Living will
A living will is a legal document—sometimes included within a healthcare power of attorney—that lets you specify your desire for a natural death in the event of your incapacitation, as well as how your bodily remains will be handled immediately after your death. Without a living will, the law states that your next of kin—parent or sibling—is authorized to make the decisions regarding the life-sustaining measures that may be taken to prolong your life in the event you become incapacitated. Protect yourself by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for yourself. A living will may be revoked or amended by the individual who granted the power at any time prior to his/her incapacitation.
Last will and testament
A last will and testament is a legal document which lets you specify how your property will be handled after your death. Without a will, the law states that your next of kin—parent or sibling—is entitled to a certain percentage of your property at your death, potentially leaving your partner at risk of losing everything the two of you accumulated during your partnership. Your last will and testament can also address issues including distribution of your property at the death of your partner; funeral arrangements; guardianship of children; forgiveness of loans; and who cares for your pets. Protect your property and your partner by stating how you want your property to be distributed at your death. A last will and testament may be revoked or amended at any time prior to your death.
Living trust
The wishes of you and/or your partner may be addressed in a living trust document, which can also help your partner avoid probate court and/or challenges to your last will and testament by your family members related by blood or marriage.
The details of your specific situation will determine whether it would be appropriate for you to utilize a living trust in your estate plan. Speak with an attorney at Haas & Associates, PA, to determine if a living trust is right for you.
Transgender issues
Transgender individuals incur a myriad of legal obstacles before, during and after their transition from one sex to another including—
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It is important to obtain the proper protection before, during and after the process. The attorneys of Haas & Associates, P.A. are here to advise and help.
Because every family is different
The attorneys of Haas & Associates, P.A. understand that each family has its own unique needs and goals that should be honored and furthered by the legal professionals who support them. That is why commitment to our clients' needs is our number one priority. Call us at 1-919-827-0916, or contact Haas & Associates, P.A. online to set up a consultation with one of our attorneys.
