LGBT+ families in Texas face unique legal considerations, even after marriage equality. According to recent census data, Texas is home to over 107,000 same-sex couple households, many with children. From adoption and parental rights to divorce and property issues, LGBT+ family law requires guidance grounded in empathy and a deep understanding of the law.
What Constitutes LGBT+ Family Law?
LGBT+ family law in Texas addresses the legal needs of individuals and families whose relationships or identities fall within the LGBTQ+ community. It includes matters like same-sex marriage and divorce, child custody and visitation, adoption and parental rights, and property division. While Texas law applies the same legal standards to all families, LGBT+ individuals may face added complexities involving legal parentage or the need for additional protections to preserve family relationships and financial security.
LGBT+ Family Law Cases We Handle
Parenthood and Adoption
Parenthood issues can be especially complex for LGBT+ families under Texas law. While married same-sex couples are generally afforded the same rights as opposite-sex couples, legal parentage is not automatic, particularly for non-biological or non-gestational parents. We assist clients with second-parent adoptions, stepparent adoptions, and other adoption proceedings that formally establish parental rights under the Texas Family Code.
Marriage and Civil Unions
Same-sex marriage has been legally recognized in Texas since Obergefell v. Hodges in 2015, but legal challenges can still arise. We represent LGBT+ clients in matters involving marriage recognition, divorce, and property division, including cases where relationships began before marriage equality. Texas does not recognize civil unions or domestic partnerships at the state level, which can affect property rights, support obligations, and legal standing.
Taxation Considerations
Marriage, divorce, and adoption can all have meaningful tax implications. While legally married same-sex couples may file joint federal tax returns, family law decisions can impact deductions, dependency claims, and financial obligations tied to child support or property division. We help clients understand how Texas family law intersects with tax issues and coordinate with tax professionals when appropriate to guide strategic financial decisions.
Healthcare Directives
Healthcare decision-making authority is not always assumed, even within committed relationships. We assist LGBT+ clients with medical powers of attorney, healthcare proxies, and related documents that help ensure a partner or parent can make medical decisions if a loved one becomes incapacitated. This is particularly important for families with children, where clear documentation ensures healthcare providers recognize the appropriate decision-makers.
LGBT+ Family Law FAQs
Does Texas recognize common law marriage for same-sex couples?
Yes. Texas recognizes common law marriage, including for same-sex couples. To establish a common law marriage, the couple must have agreed to be married, lived together in Texas, and represented themselves to others as married. If these elements are proven, the relationship may be treated as a legal marriage for purposes such as property division and divorce.
Can a judge deny a same-sex marriage in Texas?
No. Under federal law, judges and courts in Texas cannot legally deny a same-sex marriage based on sexual orientation. However, a marriage may still be invalid for neutral reasons, such as lack of capacity, an existing marriage, or failure to meet statutory requirements.
Can I still get custody if I am not the biological parent of my child and my former partner is?
Possibly. Texas courts focus on the best interests of the child, but legal parentage plays a significant role. A non-biological parent may pursue custody or visitation by showing they acted in a parental role and maintained a meaningful relationship with the child. Outcomes depend on whether legal parentage was formally established through adoption or other legal means. Our San Antonio custody attorneys can review your case and let you know what rights you have.
Do LGBT couples have the same rights as heterosexual couples in a marriage?
Yes. Since marriage equality became law, same-sex married couples in Texas have the same legal rights and responsibilities as different-sex married couples, including rights related to property, divorce, and parental responsibilities under the Texas Family Code.
Are the rules for divorce different for same-sex couples?
No. The divorce process for same-sex couples follows the same legal framework as any other divorce in Texas, including residency requirements, grounds for divorce, community property division, and child-related matters. However, unique issues may arise based on how long the relationship existed before legal marriage or how parentage was established.
Contact our LGBT+ Family Law Attorney in San Antonio
True Law Firm is built on the belief that every family deserves respect and strong legal advocacy. We take the time to understand your situation, explain your options under Texas law, and stand with you through every step of the process. Our attorneys are accessible, responsive, and committed to keeping you informed throughout your case. If you are facing an LGBT+ family law matter, schedule a consultation today to discuss how we can help.
