An Ally In All Your Family Law Matters

Dallas-Fort Worth Same Sex Child Custody Lawyers Serving Collin, Tarrant, & Rockwall Counties

Same-sex parents have the same custody rights as other couples. However, in Texas, fighting for custody rights is rarely straightforward for same-sex couples, even if they are married. With support from our same-sex parents child custody lawyers at the Shemesh Family Law, couples can feel confident that we will defend their same-sex parental rights. Our same-sex parent’s child custody lawyers have immense experience with LGBTQ+ family law matters and believe that every parent has the right to protect their custody rights as long as the child’s best interests are prioritized. We are honored to serve same-sex couples in the Dallas and Forth Worth communities by finding common ground and creating co-parenting arrangements that reduce the possibility of conflict.

The Impact Of Marriage And Divorce For Same-Sex Parents

In the state of Texas, married same-sex couples are afforded equal parenting rights. However, after the birth of a child, the nonbiological parent will need to take legal action as they will not automatically be awarded parental rights. Establishing legal parentage for same-sex couples who are married can be done by simply adopting the child or entering into a gestational agreement. The process for obtaining parental rights can be more complex when the couple is unmarried.

The divorce process, on the other hand, can complicate how custody is divided if only one spouse is the legal parent of the child. In this case, the nonbiological parent will be at a disadvantage when it comes to creating a custody schedule. Our attorneys can protect nonbiological parent rights and show that having both parents involved in the child’s life is beneficial to everyone.

How To Navigate Custody Disputes

Same-sex divorce and custody cases generally lead to emotion-filled disputes. These disputes can be challenging for same-sex couples as only one biological parent will likely be involved. This can be unfortunate for the other spouse as they likely have engaged in behavior that could be considered psychological parenthood. Psychological parenthood, also known as de facto parenting, is when a nonbiological parent assumes parental responsibilities for the child.

While this situation can make it difficult to find a peaceful resolution, our same-sex parent’s child custody lawyers are prepared to resolve your custody dispute without letting emotions influence the final outcome. Our attorneys will utilize strategies that foster communication, empathy and honesty as we work to build mutually-beneficial same-sex parenting agreements.

What legal challenges do same-sex parents face when seeking child custody in Texas?

For a variety of reasons, securing custody has been an obstacle for same-sex couples as they may be tasked with overcoming certain hurdles that other couples may not be required to. One of these barriers is standing, which is the right to have your voice heard in court after taking legal action. Generally, biological parents are the only party standing in court. In many custody cases involving same-sex couples, this can be a problem as there may only be one biological parent. Fortunately, in recent years, Texas has made changes to its laws concerning this matter. Relatively new case law in Texas can grant a nonbiological parent standing if, within 90 days of the lawsuit being filed, they have cared for or had custody of the child for a minimum of six months.

In Texas, parental presumption is another challenge that same-sex couples will need to be ready to face. Parental presumption is the assumption that the husband of the married mother is the father of their child. Some courts have started expanding their definition of parental presumption to include same-sex couples. However, by law, there is no assurance that a same-sex couple will be granted this presumption, which can add another layer of difficulty to a custody case.

Gestational agreements are something that same-sex couples need to consider as well. While this type of agreement can benefit couples during marriage by granting them both parental rights and the ability to obtain custody if a divorce occurs, it can also convolute the custody process, making it essential to obtain the services of a same-sex parent child custody lawyer.

How can same-sex couples establish legal parentage for their children in Texas?

In Texas, same-sex couples have a few options to establish legal parentage. The first option for same-sex couples applies when one of the partners or spouses is the biological parent of the child. In this situation, the nonbiological parent will need to go through the second-parent adoption process, also known as a confirmatory adoption. This procedure allows the nonbiological parent to legally adopt the child without impacting the parental rights of their partner. Married same-sex couples can also decide to utilize the non-relative adoption process to establish parentage. Spouses are required to co-adopt the child in this instance.

Another option for same-sex couples is to use a surrogate and enter into a gestational agreement with that person. The gestational agreement will denote that the carrier of the child wishes to relinquish their parental rights and bestow them upon the couple. To utilize this option, couples must be married.

Same-sex couples who are not married still have options and can establish parentage through the adoption process. However, one partner will first need to move through the adoption procedure on their own. After they have finalized the adoption, there will be a required six-month delay before the other parent is allowed to begin the process.

What factors do courts consider when making custody decisions for same-sex parents in Texas?

When courts make custody decisions, they focus on what is in the best interests of the child and consider the same factors regardless of the sex of either partner. To determine whether or not one parent receives full custody or both parents will share custody, the courts evaluate which individual will provide a healthier environment for the child. Additionally, they will establish which parent can better meet the needs of the child while also providing a stable home life. If the child is at least 12 years old, the court may also take their preference into consideration.

Learn How We Support Same-Sex Couples

Same-sex couples deserve an equal opportunity to protect their parental rights and secure custody. Our attorneys at the Shemesh Family Law, are proud to advocate for same-sex couples and have done so for more than a decade. To contact one of our skilled same-sex parent’s child custody lawyers, call us today at 214-432-2501 or fill out our online form.