Addressing the Unique Needs of LGBTQ Clients
Family law is a complex and highly personal area of law. This is even truer for members of the LGBTQ community, who face issues involving divorce, property division, child custody, premarital and post-marital agreements, and adoption just like everyone else.
Family law matters involving members of the LGBTQ community need to be handled with the assistance of a skilled attorney who is up to date on the ever-changing laws that apply, as well as the special circumstances that often exist in each individual case.
At the law firm of M. J. Hill & Associates, PLLC, in San Marcos, Texas, we understand the unique issues faced by LGBTQ individuals with family law concerns, and we have the experience and the knowledge necessary to help these clients reach a positive outcome, whether that requires sound advice or zealous advocacy.
Applying Knowledge and Compassion in Same-Sex Divorce
Same-sex marriage became legal in every state, including Texas, on June 26, 2015, after a historic U.S. Supreme Court ruling that held that all state-level bans on same-sex marriage are unconstitutional.
With the right to marry also came many other important changes in family law for members of the LGBTQ community, including the right to file for divorce.
The legal divorce process is the same for same-sex couples and opposite-sex couples; however, there are often unique issues that must be addressed in same-sex divorce cases.
For example, many same-sex couples were together for years before finally being able to marry, which can create complexities when it comes to dividing community property.
Additionally, when same-sex couples have children together, child custody can become a contested issue when one parent is not biologically related to the child or has not legally adopted the child.
At the law firm of M. J. Hill & Associates, PLLC, we help our clients address both of these issues and more using a compassionate and proactive approach that is rarely found at family law firms in Texas.
Protecting the Rights of Children and Parents in Custody Matters
Child custody, or conservatorship as it is called in the Texas Family Code, can be quite complex for members of the LGBTQ community. Much of this has to do with whether both parents are recognized by the law as parents.
For both parents to be recognized as such by the law, the child must have been born into the marriage of the two parents, legally adopted by the nonbiological parent or legally adopted by both parents. In these cases, both parents have equal legal rights to the child and the conservatorship case is handled like it would be when heterosexual parents are involved.
When only one parent is recognized by the law as the child's parent, however, the other parent has very few legal rights and obtaining custody or visitation can be extremely difficult. It could also be difficult for the legally recognized parent to obtain child support from the nonlegal parent.
In either situation, it's extremely important to work with an experienced family law attorney who will fight for your rights, but will also put the child's needs first. Putting the child first is truly the only way to achieve a successful outcome in a child custody case.
Contact Our Firm for Help Reaching a Resolution
Our firm is here to assist you with any LGBTQ family law matter you may be facing, from adoption to divorce. Our lawyers take a solutions-first approach, attempting to resolve issues outside of court whenever possible. Call 512-212-4916 to schedule a consultation.