For many decades gay or lesbian parents found it difficult to retain the custody of their children if they divulged the information to their straight partners. The situation often leads to a divorce and not amicable parting of ways for both sides. In recent years LGBT parents have been given more consideration by the courts where the final decisions about custody is not solely based on sexual orientations.
When one of the parents comes out, the other partner often feels betrayed and may try to humiliate the other by spreading untruthful information and trying to sway the children from visiting the parent in question. The court’s approach has now been modified and the decisions are based on the parent’s parenting skills, the time spent with the children and the levels of responsibility shown throughout the marriage.
Custody agreement modifications are created with the best interest of the child in mind. While many parents continue to have full custody of children, the LGBT parents are now allowed more visitation rights and more frequent participation in the child’s life. As long as LGBT parents can successfully prove they care about the child’s welfare, the judges are more inclined to allow modifications of the original agreements made during the divorce proceedings.
The court systems may be more conservative in some areas of the country than others, but joint custody is often the case once the evidence of proper conduct on both sides is established. Mediation meetings are frequently held to give both parents an opportunity to settle out of court and come to a mutually agreeable bargain. A well seasoned Texas attorney may help parents settle difficult child custody disputes.
Source: Dallas Voice, “LGBT parents who seek custody are starting to win — even in Texas courts”, Anna Waugh, July 26, 2013