Family Law Implications of Polyamorous Relationships

There are legal implications in family law if you are in a polyamorous relationship. This includes property division, estate planning, child custody disputes, and spousal support. Unfortunately, the law does not always keep current with non-traditional relationships.

If you are in a polyamorous relationship, take time to make sure you protect your legal rights. Talk to a local family law lawyer about legal issues in a polyamorous relationship.

Are Polyamorous Relationships Legal?

Polyamorous relationships are legal. As long as the people involved are open and honest with each other, consenting adults can engage in any relationship they choose. Even if the relationships are legal, plural marriages have no legal recognition. In most states, parenting rights are also limited to two parents.

A polyamorous relationship is an open relationship with more than one person at a time. This can include sexual relationships or romantic relationships. Polyamorists can be of any sexual orientation. This could include single people in open relationships with others, married couples with multiple partners, a group of shared partners, or other types of relationships.

According to a survey from Frontiers in Psychology, approximately 4-5% of respondents identified as practicing consensual non-monogamy. Polyamory may be increasing as more people openly discuss non-monogamous relationships.

Legal protections in family law are generally based on typical American relationships. Family law judges must decide about parental rights involving different family structures. State laws may limit the judge when they don’t fit the individual situation. However, people in polyamorous relationships can take steps to provide the best for their children and protect their rights.

Can Polyamorous People Get Married?

Having more than one spouse at the same time is polygamy. Polygamy and bigamy are not legal in the United States. The U.S. officially outlawed polygamy in the Edmunds Anti-Polygamy Act of 1882. Legal marriage and divorce is only between two people. Family law doesn’t take into consideration plural marriages.

Some people in the U.S. practice polygamy, but they are not legally married. You cannot be legally married to more than one person at a time. Even if you call multiple people in your relationship your “husband,” “wife,” or “spouse,” it does not convey legal rights or obligations.

How Do Polyamorous Relationships Affect Child Custody and Visitation Rights?

In most states, a child only has two legal parents. However, in a polygamous relationship, more than two parents may raise a child. Many states now recognize that a child may have three parents, including California, Connecticut, and Washington.

Whatever the type of relationship, courts base child custody decisions based on the best interests of the child. Ideally, the parents will decide child custody and visitation. If parents can’t agree, the court may decide.

The court will consider many factors in a child custody case, including the child’s needs, family life, and stability. If more than two people are parenting a child, the court may consider the other people when deciding visitation and custody.

How Can Polyamorous Relationships Protect Their Assets and Property?

If you purchase property with others, you may encounter legal issues if you break up and need to divide the property. To protect your assets and property, you should consider a cohabitation agreement or contract.

Your agreement can spell out each party’s rights and responsibilities. This can also provide for what happens if you separate, break up, or move out. Talk to an attorney to help you draft an agreement protecting your property.

What Are the Estate Planning Considerations for Polyamorous Couples?

It is natural to avoid thinking about or planning for what happens when you die. This can lead to problems later on if someone you love gets sick or dies. If you are unmarried or don’t have a domestic partnership, you may not get hospital visitation rights to see your partner if they are incapacitated.

A medical power of attorney or health care proxy can help protect your rights to care for a loved one, even if you are not legally married. A medical power of attorney allows you to designate one or more healthcare advocates to make medical decisions on your behalf.

You should also make sure to protect your loved ones when you pass away. Unmarried or unrelated people are generally not included as beneficiaries if they die without a will. If you want to pass your assets along, you will have to draw up a will or trust that names them as beneficiaries of your estate.

What Are the Future Trends for Polyamorous Families in the Legal System?

The definitions of family have continued to change over the years. Interracial marriage was only legalized in the U.S. in 1967. Same-sex marriage was recently legalized in 2015. Many families are dynamic, with the addition of stepparents, adopted children, or polyamorous partners. Some state courts are now recognizing people’s property and parenting rights in non-traditional relationships. However, until the laws change, you can act to protect your rights and provide for your loved ones. Contact an experienced family court lawyer to ensure you protect your loved ones.