When LGBTQ+ couples go through divorce or separation, child custody and adoption issues can quickly become complicated. While the law says they should be treated the same as opposite-sex couples, the real process often brings unique challenges. It is important to understand the extra steps sometimes needed to protect both parents’ rights fully and legally.
In the video, Atty. Tina Campbell and Atty. McKenzie Coe of Turner-Monahan PLLC explain how child custody and adoption issues for LGBTQ+ families can involve extra legal steps to protect non-biological parents during divorce or separation. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Treated the Same Under the Law – But It’s Not Always Simple
Ideally, LGBTQ+ adoptions and custody matters are handled just like opposite-sex cases. Under the law, they are required to be treated the same. But in real life, some added layers can make the process more complicated.
In some cases, there is a third party involved. For example, if a child was conceived through traditional methods, the biological father may still have legal rights, even if he has no role in the child’s life and is not financially responsible.
In situations like these, the biological father’s rights must be legally terminated before the non-biological parent can adopt. This process ensures both parents in a same-sex relationship can be listed on the birth certificate and be granted full parental rights.
Finding and Terminating Parental Rights Can Take Time
Sometimes, it takes time to track down the biological father and explain the purpose of the legal process. It’s not to put them on the hook for child support, but rather to remove them from any future obligation or claim. This process can involve delays, especially when cooperation is limited. Patience becomes necessary in these situations.
At Turner Monahan, we make sure all legal steps are completed the right way. We want everything documented and filed correctly so that our clients are fully protected, both now and in the future.
It’s Not Personal. It’s About Legal Protection
If extra legal steps are needed in your case, it’s not a reflection of how we see you as a parent. We absolutely believe you are the child’s parent, mother, or father. Our responsibility is to ensure your legal paperwork supports that belief completely.
We are committed to making sure your rights are fully secured and that your role as a parent is clearly protected under Texas law.
Handle the Legal Side Early
We strongly encourage couples to handle these legal steps early, ideally, right after the child is born, or even before if possible. By taking care of adoption and custody matters early on, both parents can have equal rights and avoid major legal issues later on.
Whether it’s divorce, separation, or even the unexpected death of the biological parent, having full legal rights in place early can prevent future complications.
Doing It Early Is Easier, Cheaper, and Less Painful
Completing these steps early helps avoid difficult legal battles down the road. It’s typically less expensive, faster, and done in a more cooperative environment. When everyone is on the same page from the start, things move smoothly.
Unfortunately, we’ve seen heartbreaking situations where a parent who has been there since day one is told they have no legal rights because there’s no biological connection and no adoption paperwork in place. If the other parent is uncooperative, it becomes an expensive, emotionally difficult legal fight.
That’s why we urge clients to take these steps early. But even if it wasn’t done in the beginning, we can still help. At Turner Monahan, we work hard to make sure our clients are protected and never have to face that situation again.
What Does the Texas Family Code Say About LGBTQ+ Custody and Adoption?
Several parts of the Texas Family Code apply directly to these situations and offer guidance:
Section 102.003: Lists those who have standing to file a suit affecting the parent-child relationship. A non-biological parent who has had actual care, control, and possession of the child for at least six months can seek custody.
Section 162.001(b): Allows adoption by individuals without discrimination based on sexual orientation or marital status. This protects LGBTQ+ individuals seeking to adopt.
Section 153.002: States that the best interest of the child shall always be the primary consideration. Regardless of biology, courts are supposed to look at what arrangement serves the child best.
Section 160.201: Defines parent-child relationships, including acknowledgment of paternity and adoption, both critical for non-biological parents to legally secure their rights.
Understanding these statutes helps LGBTQ+ parents prepare for divorce proceedings and gives clarity on how to strengthen their legal position ahead of time.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Child custody and adoption during LGBTQ+ divorces bring unique challenges that require thoughtful planning. Early legal action protects families and ensures that both parents’ rights are fully recognized.
To make sure every step is handled properly, it is always best to consult with a family law attorney who understands LGBTQ+ issues and Texas law. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Do You Get Medical Information From the Other Parent Who Is Keeping It From You?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
