Child custody in a same-sex divorce can be hard when one parent has no biological tie to the child. Fortunately, Texas family courts have legal tools to recognize nonbiological parents. In addition, these tools help protect the bonds that already exist between parent and child.
Ways to establish parental standing in Texas
A nonbiological parent should secure legal standing before or during the divorce. In Texas, there are three main ways to seek custody or visitation:
- Stepparent adoption: During a divorce, the law treats an adoptive parent exactly like a biological one when it comes to rights and duties. This provides a strong legal footing in Texas. A nonbiological parent can become a full legal parent through adoption, provided any other existing legal parent’s rights are resolved or terminated. During a divorce, Texas law treats an adoptive parent exactly like a biological one when it comes to rights and duties.
- Actual care, control and possession (six month standing): A nonbiological parent in Texas may ask the court for custody or visitation after living with and caring for the child for six months or more. That time must have ended no more than 90 days before the divorce was filed. When the biological parent objects, the nonbiological parent has to prove that the biological parent is unfit or that the child would face real danger without them.
- Marital presumption of parentage: Texas law presumes that a child born during a marriage is the child of both spouses. A biological parent can sometimes contest this during a divorce. However, if the couple raised the child together for the first four years of life, parentage can no longer be challenged. For a child under four, a stepparent adoption is the safest way to secure those rights for good.
These are some of the ways that can help protect a nonbiological parent’s role in the child’s life during a divorce.
How a Texas family law attorney can help
Securing custody as a nonbiological parent often involves navigating complex court hurdles and parental opposition. A family law attorney can review the family’s history, gather proof of the active parental bond and prepare the necessary court filings. Ultimately, an attorney can demonstrate why maintaining this relationship serves the child’s best interests while fighting for fair custody and visitation rights.
