Soulsby Law serves clients in San Antonio, Bexar County and throughout the state.

Seeking custody or visitation as an LGBTQ non-legal parent

On Behalf of | Nov 2, 2019 | LGBTQ Family Law

As a Texas non-legal parent who also identifies as lesbian, gay, bisexual, transgender or queer, you may have concerns about your rights with regard to your son or daughter, and you may, too, face unique visitation or child custody considerations that your heterosexual friends and colleagues may not. At the Law Office of Kate Soulsby, we recognize that different courts may treat LGBTQ-related family law matters differently, and we have helped many people in your shoes pursue visitation or custody-related solutions that fit their needs.

According to the National Center for Lesbian Rights, LGBTQ-related family law issues can arise because of many types of circumstances. Maybe you entered into a same-sex relationship, and the two of you decided to have a child together before splitting. On the other hand, maybe you were married to a partner of a different sex and had children, but then decided you wanted to date someone of the same sex and embrace your true self. Conversely, maybe your partner has a child, and you wish to become an adoptive parent over that child.

Regardless of what side of the equation you fall on, pursuing visitation or custody rights as a lesbian, gay, bisexual, transgender or queer person can involve special considerations. Because some of the issues that can arise during same-sex custody proceedings differ from those faced by heterosexuals, it may serve you well to take necessary steps to protect your relationship with your child.

Just what might this entail? If, for example, you are wanting to seek custody over a non-biological child of your partner’s, you may be able to pursue what is known as second-parent adoption, depending on where in Texas you live. This is likely the best way you can become a legally adoptive parent without impacting the legal rights of the biological parent. You can learn more about this topic by visiting our webpage.