The Challenges of Same-Sex Custody Disputes in Texas

The decision on Obergefell v. Hodges in 2015 changed everything for same-sex couples in Texas as it granted the fundemental right to get married. Many marriage laws now apply to both traditional marriages and same-sex marriages, but there are many gray areas that still surround same-sex divorces. Though this ruling changed the future of same-sex marriages, it did little to change the abiguity that surrounds same-sex child custody disputes.

Child custody, visitation and child support can prove to be much more difficult for same-sex couples during a divorce. In many LGBT parenthood cases, one spouse is usually related to the children by blood, while the other parent acts as a parental figure and is non-biologically related to the child.

Even though the child probably has no real comprehension of this difference, if the non-biological parent did not legally adopt the child, then they may not have any legal right to push for custody. 

However, recent rulings by Texas courts have opened the door to non-biological parents that are equally as supportive and loving to their partner’s child, to pursue custody and visitation rights for that child. Retaining a qualified LGBT lawyer like James Hedlesten can assist you in asserting your rights under these new legal rulings.

LGBT couples could find cases with child support to be uniquely complicated. Though courts usually try to rule in “the best interest of the child” the situation is more complicated if the non-biological parents has not legally adopted the child. 

Because the parent is non-biologically related to the child, it is possible that this parent could be treated as a “step parent” and therefore not be required to pay child support or have visitation rights. 

Couples may protect themselves by retaining an attorney to draft a legal parental agreement to continue both financial assistance and access to the child if the relationship ends. This agreement would state that both partners consider themselves parents, and they acknowledge their rights and responsibilities including financial support, co-parenting intent if the relationship dissolves and visitation rights. Though this agreement can go a long way to help same-sex custody cases it does not always guarantee the outcome. 

It’s especially important to know your rights in unique cases like this, so contact us today for tailored legal advice for your specific situation.