Non-Traditional Families

At the Law Office of Laurence S. Margolin, we understand that “family” comes in many forms, and we are committed to providing comprehensive legal services tailored to the unique needs of non-traditional families.  We are dedicated to advocating for LGBTQ couples, unmarried same-sex partners, polyamorous families, and other diverse family structures. We recognize the complexities and challenges that non-traditional families may face, and we are here to help you navigate them with compassion and expertise. Every family is unique, and today, many New York families differ substantially from the traditional nuclear model that once defined American society. Just like their counterparts, when these non-traditional families face divorce, child custody, and other domestic matters, they have the right to turn to the courts for judicial relief.

What is a Non-Traditional Family?

A non-traditional family is any family that differs from the “mother, father, and children” structure. This includes:

• LGBTQIA+ Couples: Among the largest segment of the non-traditional family demographic are lesbian, gay, bisexual, transgender, queer, and non-binary families. They are, in many ways, pioneers for reshaping the legal landscape to ensure all Americans are treated fairly under the law.
• Unmarried Same-Sex Partners: For decades, unmarried same-sex partners faced the challenge of living their lives as they saw fit while deciding to forego matrimony or not being able to marry. Many of these couples have children who, just like the children of married parents, are protected by New York’s family law statutes.
• Polyamorous Families: A polyamorous family is one whose members are openly committed to relationships with multiple individuals. These families have unique challenges in securing custody and visitation rights.

Common Legal Challenges for Non-Traditional Families

LGBTQIA+ Couples

We proudly serve LGBTQIA+ individuals and couples, offering legal solutions tailored to the needs of same-sex partners and their families. Here are a few specific ways that LGBTQIA+ domestic matters are different and may require help from a seasoned LGBTQIA+ family law attorney:

• Marriage and Divorce: Since the law only recently recognized same-sex marriage, many same-sex and other non-traditional couples married relatively late in life. This means the spouses may have acquired substantial items of property that the court may need to equitably divide. We provide experienced guidance on marriage rights, divorce proceedings, and related issues, ensuring your rights are protected regardless of sexual orientation.
• Parental Rights and Child Custody: We advocate for your parental rights and help establish clear custody and visitation arrangements. We are familiar with the biases many non-traditional families face in Long Island and can use this to help you secure your rights.
• Prenuptial and Domestic Partnership Agreements: We assist in drafting and reviewing prenuptial and domestic partnership agreements to ensure that your interests are adequately protected.

Unmarried Same-Sex Partners

Marriage confers upon couples a set of legal rights and privileges that are not generally available to unmarried partners. If you and your partner are living together but are not married (i.e., cohabitating), you could require a non-traditional family attorney to handle these and other related aspects of your relationship. We provide guidance on cohabitation agreements, child custody, shared property arrangements, and healthcare proxies:

• Cohabitation Agreements: We help you draft cohabitation agreements that outline the rights and responsibilities of each partner, protecting your interests in the event of a separation. This agreement provides how your property will be divided if the relationship ends, and how finances, debts, and household expenses will be handled during the relationship.  It might address how to resolve disputes between you and your partner, and other financial or personal matters.
• Partnership Agreements: We draft legally binding partnership agreements to define the legal and financial aspects of the partnership, such as shared business or financial ventures. It might include terms for joint ventures, investments, shared business interests, how the profits or losses from shared financial ventures will be split, and methods to resolve conflicts in your business dealings and joint financial matters.
• Co-Parenting Agreements: We help establish clear co-parenting agreements for couples who are planning to raise or are currently raising children together but are not married.  It protects the rights of both parents, addresses potential conflicts related to custody, financial obligations, and parenting duties, and ensures the well-being of your children. Based on what the partners want, it might define each partner’s role in the children’s lives, including decision-making, daily care, custody arrangements, visitation schedules, outlining what each person will pay for the children’s care, expenses, and extracurricular activities, for example, medical expenses, education, tutoring, and other costs, guidelines on how the parents shall conduct themselves and participate in the children’s activities and life, access to all information and records for the children, and rules for traveling with the children.
• Property and Asset Division: Unlike married couples, unmarried partners do not go through equitable distribution in family court. However, a court may still need to address disputes over shared property and reconcile the competing interests of both partners. We assist in navigating property disputes and asset division, ensuring a fair resolution in the event of a breakup.
• Custody and Support Matters: We provide legal support in custody and child support cases, advocating for your rights as a parent and ensuring the best interests of your children are prioritized.
• Healthcare Proxies and Powers of Attorney: We create essential legal documents to ensure your partner has the authority to make critical decisions on your behalf.
• Mediation: The end of cohabitation can be messy due to the complicated financial ties that developed between the partners. Fortunately, the parties can turn to mediation to dispense with such questions as will the home in which the couple resided be bought out by one of the owners or sold with the proceeds split, how to divide jointly acquired or titled property, and who will pay for the couple’s debts.

Polyamorous Families

In today’s world, families can be made up of more than two people. For polyamorous families, legal complexities often arise when it comes to issues such as child custody, inheritance rights, medical decision-making, and other family matters. Polyamorous families face unique legal challenges that require creative solutions. We help craft agreements that define relationships, establish parenting rights, and address shared financial responsibilities. Our goal is to ensure that all members of your family are protected and that your chosen structure is respected within the bounds of the law. We are experienced in helping polyamorous families create legally sound structures for their relationships and family dynamics, ensuring that all individuals have the legal protections they need.

These are a few of the more complex matters we can assist with:

• Relationship Agreements: We draft customized relationship agreements that address the unique dynamics of polyamorous families, including property rights, financial obligations, and parental responsibilities.
• Co-Parenting Agreements: We help establish clear co-parenting agreements that recognize the roles of multiple parents and protect the rights of all parties involved.
• Custody: At least one court (the Suffolk County Supreme Court) has established that a non-biological parent in a three-member polyamorous relationship can seek custody. The dynamics of these relationships are complicated and require careful attention to detail.
• Parental Rights: If a member of a polyamorous relationship has a child, they may need to establish parental rights through formal proceedings. Obtaining parentage allows a party to have access to and custody of a child, and lets another parent in the relationship ask for child support.

Life Changes Are Hard — We Help Simplify Them. Schedule a Free Consultation Today

At the Law Office of Laurence S. Margolin, we know how important it is to have legal support that understands your unique family needs. We are committed to addressing the specific needs of non-traditional families in Queens, Suffolk County, and Nassau County with compassion. We take the time to understand your unique situation and craft legal strategies that empower your family, protect your family’s rights, and ensure that all members of your family have the legal protections and recognition they deserve.

Reach out to us today for a consultation, and let us help you create a secure future for your non-traditional family.