There are many different aspects to divorce and child custody battles. In Texas, for example, same-sex marriage is still not legally recognized. That means when a same-sex couple from another state tries to divorce in San Antonio Texas, they could face several obstacles.
Two women who were married to each other in Washington D.C. that are trying to get a divorce in San Antonio are finding it to be a difficult path to take. According to court papers, one of the women filed for divorce and joint custody of the child they share, last year. The other woman carried and gave birth to the child after undergoing artificial insemination. She also attempted to have the case dismissed because Texas does no recognize out-of-state same-sex marriages.
According to court papers, a state District Judge ruled that the case could continue on the grounds that the state’s ban on same-sex marriage is unconstitutional. However, a Court of Appeals recently put a stop to that ruling. The court also noted that it would consider whether or not the state District Judge violated her authority. Therefore the two women and the child they share will have to wait at least a little longer to see what happens in this case.
This situation is obviously a unique case, but with more and more same-sex couples going through child custody battles, it’s possible that these cases will become more common. If you are facing a same-sex custody battle of your own, then you should probably seek the experienced help of a child custody lawyer.
Source: Austin American-Statesman, “Texas appeals court halts ruling in gay-divorce case,” Chuck Lindell, April 24, 2014