In many countries, the break-up of a marriage is handled through the family court system. The family court have established guidelines and laws to organize custody of children in the case of a gay divorce, which usually take into consideration the happiness of the child and the importance of access to both parents.

If you do not have legal parental rights to the child, it is possible that a court will rule for custody in favor of the partner possessing parental rights. It is important to establish legal rights to your child while still in the relationship, whether the child has been adopted or is the biological child of your partner.

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