Same-sex couples who married in Texas or elsewhere before relocating to Texas may eventually divorce. The laws that apply during divorce are the same regardless of the sexual orientation or identity of the individual spouses. However, the practical implications of divorce can be substantially different for same-sex couples as opposed to heterosexual couples.
When there are children in the family, concerns about custody are common. Parents in same-sex marriages contemplating divorce need to understand how Texas handles custody matters to protect themselves and their children during their upcoming divorce process.
Do both parents have legal rights?
One of the main differences faced by divorcing same-sex couples is the lack of automatic parental rights when the couple has children. Frequently, the children in the family may only have a genetic tie to one of the parents. Even in cases involving adoption, one parent may be on the paperwork, while the other is technically a stepparent.
A stepparent adoption may be necessary for stepparents and non-biological parents in same-sex relationships to protect their parental rights in the event of a divorce. Without a formal adoption on record, parents may struggle to secure shared custody or even visitation during divorce litigation.
They may be able to reach an arrangement with their spouses in an uncontested custody scenario. However, if there are disputes, the law does not automatically protect parents who have not legally adopted their stepchildren.
Reviewing family circumstances with a Texas child custody attorney can help people preparing for same-sex divorce understand their rights. Especially in high-conflict cases, one parent may face an uphill battle if they want to secure shared custody, and they need to be prepared accordingly.
