Same-sex couples in Texas have the same right to marry and divorce as heterosexual couples. However, child custody issues can become more complicated during a same-sex divorce, especially when one parent is not biologically related to the child. A recent Texas case illustrates the legal complexities that can arise from such situations.
If you’re facing a same-sex divorce, it is critical to work with a seasoned Killeen divorce attorney who understands how to navigate these challenging matters.
The Texas Divorce Case: A Brief Overview
In a recent Texas divorce case, a same-sex couple (referred to as A and J) had signed a reproductive services agreement during their marriage, and A gave birth to their daughter. When A filed for divorce in 2020, she listed the daughter as a child of the marriage.
During mediation, J was treated as a parent, and both parties agreed on a divorce settlement that included shared responsibilities.
However, when the mediated agreement reached the judge, he questioned whether Texas law allowed the court to formally recognize a second mother. The court declined to adjudicate J as a legal parent but did find she had "standing" as a parent under the Texas Family Code due to her caregiving role.
Despite signing off on the divorce decree, J later challenged the court’s failure to identify her as a parent, arguing it violated her rights. When her petition was denied, she appealed.
The Legal Challenges on Appeal
On appeal, J argued that the court did not apply the Uniform Parentage Act equally and failed to follow the mediated agreement. A countered that J’s actions amounted to a collateral attack—a legal challenge that is only allowed under limited circumstances.
Ultimately, the appeals court found that the original trial court had jurisdiction and that the divorce decree was final. Because J had failed to file a timely appeal or motion for review, her only option was a collateral attack. The appeals court ruled that the judgment was not void and denied her appeal.
If you have questions about how Texas courts determine legal parentage in a divorce, speak with a knowledgeable family law attorney to understand your rights.
J's Separate Case: Petitioning for Adoption
J also filed a separate case to either adopt the daughter or be adjudicated as her parent. A argued that the parentage claim was barred by res judicata (a legal doctrine preventing the same dispute from being relitigated). The court agreed and denied the petition.
Still, J proceeded with the adoption case. A court-ordered custody evaluator concluded that J played an active parenting role, met the daughter’s needs, and was viewed by the child as a primary parent. The evaluator also expressed concern that A might attempt to minimize J’s role in the future.
Nevertheless, the evaluator found that the current arrangements met the child's needs and advised against changes.
The Court Considers the Best Interests of the Child
J testified that both women had planned to parent the child together and that they lived as a family until separating. She raised concerns about A not allowing the daughter to call her "Mom" and failing to honor the parenting schedule. J believed that adoption would formalize and protect her parental role.
A, on the other hand, denied trying to minimize J’s involvement and objected to the adoption.
The trial court denied J’s adoption petition, but this time, she filed a timely appeal.
The Appeals Court Weighs In
The appeals court reviewed the decision under an "abuse of discretion" standard, which assesses whether the trial court had sufficient information and applied the law correctly.
J argued that the court had no good cause to withhold A’s consent to adoption. But as the party seeking to override A's legal rights, J bore the burden of proof.
The appeals court ultimately sided with the trial court, citing the following factors:
J was not biologically related to the daughter.
J agreed to the divorce decree and did not appeal it.
J already had a relationship with the child that had not been legally terminated.
A is a fit parent who did not consent to the adoption.
The evaluator did not advocate for adoption.
A Complex Custody Situation
This case underscores the legal challenges same-sex couples may face during divorce, especially when one parent is not biologically related and hasn’t formally adopted the child. Despite her role as a caregiver and co-parent, J’s legal rights were ultimately limited.
The appeals court ruled that the trial court acted within its discretion in denying the adoption petition. The court had sufficient information and did not act arbitrarily in requiring the managing conservator's consent.
Protecting Your Parental Rights
While Texas law is evolving, cases like this show that same-sex divorce can involve significant legal uncertainty around child custody. If you are in a similar situation, consult with an experienced Killeen divorce lawyer who can advocate for your parental rights and help you understand the legal landscape.
Call the Law Office of Brett H. Pritchard Today
Attorney Brett Pritchard has extensive experience guiding same-sex couples through the divorce process and understands the legal intricacies of custody, parentage, and adoption. If you're navigating a same-sex divorce in Texas, call the Law Office of Brett H. Pritchard at (254) 781-4222 or contact us online to schedule your FREE consultation today.