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Interracial couples, same-sex couples and custody: 50 years after Loving

On Behalf of | Jun 13, 2017 | Child Custody

Interracial couples and mixed-ethnicity families have gained greater rights and respect in the U.S., though many still face discrimination and bigotry in various forms. It’s been 50 years since the historic U.S. Supreme Court decision in Loving v. Virginia, which effectively struck down states’ prohibitions on interracial marriage. In the original Virginia ruling, Mildred Jeter, a black woman, and Richard Loving, a white man, were sentenced to a year in jail … for marrying each other.

Although much has changed in America in the half century since this civil-rights milestone, some interracial couples and same-sex couples still worry about how they are perceived and treated in their communities. Should they be concerned about how their Texas custody matters will play out?

Things to consider

What implications does the Loving decision have when it comes to child custody matters? Do interracial couples (or non-white parents or same-sex couples) ever need special protection of their custody rights during or after a divorce?

Every custody case is different, but certain questions arise commonly in the minds of parents:

· Does Texas law say anything about custody with regard to the ethnicity, race, gender or sexual orientation of a child’s parent?

· When could there be bias toward one parent in the awarding of custody?

· What factors do courts consider in international custody cases involving parents from two different countries?

· Will I need to go to court to achieve a fair custody arrangement?

· How hard will it be to obtain a custody modification?

· What kind of experience should my attorney have?

Your kids are incredibly important to you. Custody matters can be challenging. It is important to seek the advice of a knowledgeable attorney if you are concerned about the impact of race, ethnicity or sexual orientation on your case.