Custody litigation is a standard part of divorce when spouses have children together. Generally speaking, married couples share parental rights and responsibilities after the end of a marriage.
However, some families have more complicated circumstances than others. Married same-sex couples sometimes share children. One spouse may have a child from a previous relationship. The couple may use medically assisted reproductive services or might adopt a child.
When same-sex couples divorce, they may need to work together to settle custody matters to avoid complications.
Same-sex custody cases are complex
Formal adoption procedures are often necessary to protect both parents in a same-sex marriage. Unless the spouses adopt jointly, the spouse who does not have a genetic relationship to the child or who did not participate in their adoption may not technically have parental rights under current Texas custody statutes.
If the matter requires litigation, lengthy court proceedings looking at the history of the relationship between the stepparent and the children could be necessary. The process can become more costly and contentious.
To ensure an appropriate distribution of parental rights and responsibilities and the continuation of the parent-child relationship, the spouses divorcing may need to settle outside of court. Parents can agree on any terms that they both believe are in the best interest of their children. Both spouses and their children may benefit from an amicable arrangement that allows for shared access and mutual financial support of the child.
Reviewing family dynamics with a divorce attorney can help spouses understand their rights and options during a same-sex divorce. Couples who settle custody matters amicably have more control over the final terms, which can be important when there are close familial connections but no technical legal ties between one parent and the children in the family.
