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Throuples and Family Law

By Philip de Sa e Silva. Full Text.

As throuples and other forms of polyamorous relationships gain visibility and acceptance, courts will have to confront the legal issues that will likely arise when a throuple forms and when it dissolves. How should courts determine child custody for three equally situated parents? How should courts divide assets among three people who have cohabitated in a marriage-like relationship? This Note describes some of the legal problems throuples are most likely to encounter, especially regarding child custody and division of assets. This Note outlines some of the ideal solutions to these problems, such as forming contracts with the help of an attorney. Lastly, this Note argues that courts should expand family law doctrines for unmarried cohabitants to include throuples as well.