As you likely know, same-sex couples face some unique legal issues when it comes to child custody. Texas courts are still adjusting to the legalization of same-sex marriage and laws have not quite caught up when it comes to divorce and custody issues. This can lead to sticky situations when courts are trying to decide custody.
The Spruce notes that in states like Texas where same-sex marriage was not legal prior to the Supreme Court ruling biological parents still maintain the greatest rights. Only through legal adoption can both partners claim parental rights their children. If you fail to adopt, one of you could end up with no rights or limited rights when the custody battle goes to court.
The best thing to do is to ensure you have parenting rights before your relationship goes south. However, you may not have that luxury. In that case, you can prepare your evidence that you have acted as a parent to the child during your marriage. This would include showing your provided financially and emotionally. For example, if you had one household bank account, show proof of your check being deposited and funds being used to pay household bills. If you went to the child’s school events, try to show photos of that if you have them. Showing the court you acted as a parent may help with your custody rights because the court ultimately wants to do what is in the child’s best interest. This information is only intended to educate and should not be interpreted as legal advice.