Family law is everchanging, adapting and progressing in conjunction with
society’s evolution. While, in many ways, same-sex couples have
obtained many of the same protections heterosexual couples have, there
are still some deficiencies in family law regarding same-sex couples.
Read on to learn more about the rights and issues same-sex couples in Texas face:
- Same-sex marriage has only been legal in Texas for two years and, as such,
there have been more cases of common law marriage than those with a marriage
license. To prove a common law marriage, same-sex couples must meet a
few requirements, including that they agreed to be married, lived in the
state of Texas, and that they present themselves as a married couple.
Once these are established, divorce would be handled as any heterosexual divorce.
- In terms of child custody, being married does not mean you are the legal
parent of a child in your household, so it is important for the non-biological
parent to go through legal proceedings to ensure he or she has parental
rights. If neither parent is a biological parent, they will have to go
through a second adoption after one party legally adopts the child, so
both parties have legal parental rights.
- The Texas Supreme Court stated that the rights of same-sex married couples
remain to be determined and that employers in the state can push back
regarding rights related to marriage. These deficiencies in family law
regarding same-sex couples will likely end up back in the hands of the
Houston Family Law Attorneys
If you are facing a family law issue, you will need an attorney who handles
your case with empathy and efficiency. At the Law Office of Kathryn Marteeny,
we will provide exactly that. Our legal team seeks to achieve positive
outcomes for our clients, taking note of their goals and tirelessly pursuing them.
Contact our office today at (713) 936-2300 to schedule a consultation.