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Laura Dale & Associates, P.C.

Child custody considerations for same-sex couples

If you're divorcing as a same-sex couple in Texas, you may be worried about how the law may apply to your situation, especially when it comes to child custody. The fact is that since the law has changed so much in recent years, many divorcing same-sex couples face unchartered territory, especially when their divorce is particularly complex.

While divorcing and arranging custody can be stressful and overwhelming, doing your research beforehand and taking things one step at a time can go a long way toward a smooth experience. The following are some key considerations for child custody arrangements as same-sex parents.

The rights of the non-biological parents

As same-sex parents, one parent may be the biological relative of the child, or you may have chosen to adopt. Whatever the case, the law will generally give both parents equal rights to seeking custody and visitation. Unless the biological parent tries to dispute the parental rights of their ex, custody should be established with relative ease.

The best interests of the child take priority

As in all child custody cases, the best interests of the child take priority. Therefore, as a parent trying to gain visitation or custody, your best strategy is simply to show that your presence in your child's life benefits them because you offer them stability, love and affection.

If you are going through a same-sex divorce and you are worried about the child custody proceedings, it is important that you take action to gain a full understanding of how the law in Texas applies to your situation.

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