Q: Do I have any rights over my two kids? My wife took them to Ohio when we seperated. Same sex marriage.
She gave birth to the kids, I raised them since birth. We are still legally married, she has not filed the paperwork yet. The children are 6 and 2.
A: Questions asked on the internet simply cannot be a substitute for actually going to see a family lawyer and having a full discussion. You have to act quickly when thing like this happen. Get to an attorney immediately.
A: Were you married before the children were born? Since same-sex marriage is primarily a creature of the federal courts (as opposed to the legislatures of the several states) I think it is an open question whether one of the parties to a same-sex marriage has parental rights to the children of the other party, even if the child was born during the marriage. It could well be that such rights won't be recognized.
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