Bostock, A Lesson in Diplomacy, and Always Take the Picture
Latest from Gay & Lesbian Family Law in Texas
Win for Non-biological Mothers out of appellate court
Is there really a presumption of maternity? Texas court says YES!
A new opinion out of the Court of Appeals in the Thirteenth District of Texas applies the paternity presumption under the Texas Uniform Parentage Act to a female non-bio parent in a same sex marriage, where the child was born during the parties’ marriage.
Jennifer Treto appealed the trial court’s ruling, arguing that she is not a parent because she is not biologically related to the child and that the Family Code does not recognize…
Top 5 tips for LGBTQ+ custody litigation
As I reflect on my first year of practicing family law (including divorce and child custody in Dallas, Texas), I realize that there were many moments where I felt the weight of the responsibility of my new title very heavily on my shoulders. Because I was a paralegal for so many years before law school, part of my brain believed that my transition to lawyer would be less jolting. In some ways, I had a…
Update from Oklahoma on non-bio parent custody
Oklahoma Supreme Court finds non-biological parent to have the *same rights* to a child born during a same-sex relationship as the biological parent. “A nonbiological parent stands IN PARITY with a biological parent…. Lori did not act in the place of a parent; she is a parent.”
The Court put in place the following standard for these cases:
“We conclude that, to establish standing, a non-biological same-sex co-parent who asserts a claim for parentage must…
Back story: Pidgeon case on spousal benefits for same-sex couples dismissed
Newly-elected Judge Sonya L. Heath of the 310th District Court of Harris County dismissed the Pidgeon case last week after ruling on competing final motions for summary judgment by either party.
In 2013, the Houston Mayor directed that the City provide employee benefits to spouses in same-sex marriages, the same as spouses in heterosexual marriages. Two conservative activists in Houston filed suit against the Mayor and City, arguing that the expenditures violated the state and…
ABA Opinion on Judicial Ethics in Performing Same-Sex Marriages
The American Bar Association’s Standing committee on Ethics released a formal opinion last week on guidance for judges performing same-sex marriage: In wake of landmark decision, ABA issues guidance for judges performing same-sex marriages. Their guidance interprets the Model Code of Judicial Conduct.
The Formal Opinion 485 incorporates procedures and policies developed for judges in Ohio, Arizona, and Nebraska. The 2015 Obergefell v. Hodges decision found the 14th Amendment of the U.S. Constitution prohibits…
Will you be my LGBT Valentine?
Love is for everybody. It’s a nice thought. But sort through the greeting cards at literally any store and the chances of finding something queer-themed, or even remotely non-heterosexual, is going to be low, low, low.
It doesn’t feel nice to be left out. So, here’s a website with download-and-print Valentine’s Day cards, classic e-Card style. And you can them give out to your loved ones!
Check them out: https://www.google.com/amp/s/www.youthkiawaaz.com/2019/02/lgbt-valentines-day-cards/amp/
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Don’t try this at home! Parental donor agreements
Parameters of an LGBT custody case
LGBT relationships are still a relatively new construct in a legal system that has traditionally been focused almost exclusively on two-parent, opposite gendered relationships. Some courts lag behind in addressing custody issues with same-sex partners, mostly due to inexperience and inconsistency in the laws.
Because same-sex parents cannot biologically birth children together, the legal definition of who qualifies as a parent is more complex in LGBT custody cases. One partner may be the legal parent,…
