Same-Sex Family Lawyers in San Antonio

If you have a legal concern involving your family, it is of primary importance, and if you and your spouse are a same-sex couple, you may be facing unique concerns. In the State of Texas and throughout the nation, both heterosexual and same-sex couples have the same rights and protections when it comes to family law matters. An experienced family lawyer at Cook Law can help you protect them.

Divorce and the Terms of Divorce

Divorce is a common family law matter, and same-sex couples face the same hurdles that other couples do. The terms that every divorcing couple must resolve, as applicable, include all the following:

• The division of marital property
• Child custody arrangements, which include both legal custody and parenting time
• Spousal maintenance, or alimony
• Child support

Family law also addresses post-divorce modifications, as well as child support and child custody cases outside of divorce.

Term Modifications

Divorce terms are legally binding. If, however, your circumstances have changed significantly since the time of your divorce, you can seek a modification through the court.

Child Custody in Same-Sex Divorce

Child custody arrangements are the divorce term that is most likely to affect same-sex couples differently. When a married heterosexual couple has a child in Texas, there is a presumption of parentage that automatically recognizes the spouses as the child’s legal parents.

This is not, however, the case for same-sex couples. If one spouse is the child’s biological parent and the other is not, second-parent adoption is generally advised to ensure the nonbiological parent’s rights as a parent.

Adoption in San Antonio

In Texas, you needn’t be married to adopt, but if you are married, you must adopt with your spouse. To adopt in the state, you must meet several relevant factors, including completing a home study. Those heterosexual and same sex couples who meet all the state’s requirements can pursue adoption in Texas.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are legal contracts, and when they are created in accordance with the law, the terms included are legally binding. While these contracts can address the division of marital property and alimony, matters related to child custody and child support must support the children’s best interests at the time. In other words, child custody (which is the divorce term that can be more challenging for same-sex couples) generally can’t be resolved in either a prenuptial or postnuptial agreement.

An Experienced San Antonio Same-Sex Family Attorney Can Help

The dedicated San Antonio same-sex family lawyers at Cook Law appreciate the significance of your case and will spare no effort in the protection of your rights. We are on your side and here to help. Contact us online or call 210-740-0281 for more information today.