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The role of adoption in a Texas same-sex divorce

On Behalf of | Nov 18, 2021 | Child Custody

Same-sex couples can marry and divorce in Texas just like heterosexual couples. In theory, divorce rights are the same for everyone. In practice, however, LGBTQ+ couples who are considering divorce may have more complications than heterosexual couples typically do.

For example, child custody matters can be more difficult to resolve. If the divorcing couple does not agree about how to split parental rights and responsibilities. Legal adoption can play a very important role in the custody proceedings. Why would adoption records influence a pending LGBTQ+ divorce in Texas?

You need a provable connection to your child

Texas custody laws do not currently protect both members of a same-sex marriage when it comes to divorce. It is common for only one parent in a same-sex marriage to have a biological or legal relationship with the child. That’s because in a same-sex couple, typically only one parent can contribute genetic material.

It’s also possible that only one parent legally adopted the child if they are not biologically related to either parent. If your spouse is the one who adopted your child, gave birth or contributed genetic material, then you typically have to request shared custody when you divorce.

Barring that, your only option may be to negotiate a custody settlement outside of court. Keeping the focus on how you can support and help your child, rather than on your rights may help facilitate the right attitude about shared custody. Learning more about the unique considerations for same-sex divorces can help you protect yourself and your custody rights when considering a divorce in Texas.