If You Lack Legal Parental Rights, Custody May Be Challenging to Obtain
While the legal landscape hasn’t always been inclusive of lesbian, gay, transgender, bisexual, or queer (LGBTQ) parents, progress is being made in this area. Today, in Texas, sexual identity does not preclude someone from parenthood. However, determining custody for a child born within an LGBTQ relationship can still be complex. At Musemeche Law, P.C., our LGBTQ family law attorney can guide you through your rights and options if you’re facing a custody battle as an LGBTQ individual.
Automatic Parental Rights Upon Childbirth
In Texas, parental rights are typically automatically granted to the biological parent at the time of the child’s birth. The parent who gives birth, often the female-identifying partner, receives full parental rights. If married, the spouse is also granted full parental rights. However, for non-biological parents, the process is more intricate.
Parental Rights for Non-Biological Parents
While non-biological parents don’t automatically receive parental rights, Texas law provides avenues for seeking them. Typically, in LGBTQ cases, non-biological parents pursue parental rights through legal adoption. Without legal adoption, gaining custody in case of separation becomes significantly more challenging.
LGBTQ Parental Rights During Separation or Divorce
In the event of separation or divorce for an LGBTQ couple with children, custody proceedings hinge on parental rights. If only one parent holds legal parental rights (usually the biological parent), that parent is likely to receive full custody. However, if both parents have parental rights (biological parent and legally adopting parent), custody is determined based on the child’s best interests, considering factors like parental abilities and the child’s needs.
Seek Legal Guidance from Musemeche Law, P.C.
For LGBTQ individuals navigating custody issues during divorce, understanding your rights is crucial. Reach out to our experienced family law firm for assistance in seeking parental rights and custody. Contact Attorney Rob Musemeche today by phone or online to begin the process. We’re dedicated to advocating for you and your family.
