Who gets custody when a child’s same-sex parents aren’t married?

When the U.S. Supreme Court made its decision in Obergefell v. Hodges in 2015, many people rejoiced as this effectively made same-sex marriage legal in the United States. Unfortunately, the process of writing laws doesn’t happen overnight in our country. In many cases, state legislatures had to comb through decades-old statutes to determine what applied and what needed to be rewritten. While some states were able to implement changes to their own family laws quickly, this didn’t happen so quickly in every state. In addition to months of waiting for legislators to pass new laws, same-sex couples also had to contend with oftentimes convoluted mazes of statutes that, to this day, have left more questions than answers.