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Laura Dale & Associates, P.C.

The first same-sex divorce in Texas

Texas first banned same-sex marriage, then had the ban challenged by the courts. This is something that is still being sorted out, but there is now another important event taking place in the state, and that is the first ever same-sex divorce filing. It is between two women, and the couple was married in Washington prior to moving to Texas. However, they have lived there for a number of years, and they have even had a child together during that time.

Their having a child brings all sorts of other issues to light. One woman has stated that the other should not have standard child custody rights because she is not biologically related to the child. That woman, however, is seeking to get the same custody and visitation rights that an opposite-sex couple would have, seeing as how she raised the child and does not want to lose all chances to see it again in the future.

While this is considered by a judge, it clearly shows the problem with Texas being divided on the issue of a same-sex marriage. It has made the divorce proceedings difficult, it is making the entire process take longer than it should, and one woman could lose the rights that she feels she has to be around her child. The future ruling on the issue of same-sex marriage in Texas could have a big impact on how divorces are carried out, especially if it is deemed to be legal and both sides are given the rights that they expect in a marriage.

As always, the courts also have to consider what will be best for the child when looking at child custody options. They need to find a fair solution that fits within the boundaries of the law and gives the child the best possible life after the split.

Source: My San Antonio, "Same-sex divorce filed in Bexar County" Kolten Parker, Mar. 17, 2014

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