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Same-Sex Couples and Child Custody: Am I a Legal Parent?

02-08-2019 08:57 AM CET | Politics, Law & Society

Press release from: Kirker Davis

/ PR Agency: Condor Web
In Texas, one of the most common problems that an individual in a same-gender relationship faces when involved in a child custody dispute is proving he or she has “legal parent” status. It is important that you be a “legal parent” because only parents with this status may sue for custody, formally known as conservatorship in Texas. There are three ways that a same-gender parent can prove he or she is a “legal parent” in Texas: (1) give birth to the child; (2) adopt the child; or (3) through the adjudication process.

The simplest way to prove legal parentage is through giving birth to the child. Clearly, in a same-gender relationship that option will not always be realistic. Fortunately, there are other avenues of becoming a legal parent. In Texas, the nonbiological parent may adopt the child without impacting the legal relationship of the other parent, this is known as second-parent adoption. Additionally, an individual may prove he or she is a legal parent by going to court and adjudicating parentage where a judge will decide if there is a parent-child relationship based on the circumstances.

Child custody can be a contentious part of any divorce, and this becomes especially true in same-gender divorces where one parent may not be a “legal parent.” If you are a member of the LGBTQ+ community and are going through a child custody dispute with your spouse, you need an attorney that is not only experienced in the area of same-gender family litigation but someone who can also empathize with your situation. Contact Kirker Davis LLP today to schedule a free telephone consultation with one of our highly trained attorneys.

For more information please visit our site.

Kirker Davis LLP is a boutique family law firm in Central Texas with a focus on high-end family law cases. We handle divorces involving professionals, family-owned businesses, custody matters, and complex litigation. The Firm’s core business philosophy is based on fidelity to the practice of law and a commitment to client service.

Kirker Davis
Kirker Davis LLP
8310-1 N Capital of Texas Hwy #350
Austin, TX 78731
(512) 746-1746
Email Address

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