Texas not allowed to intervene in same-sex custody matter

A Texas district judge has decided against allowing the state to intervene in a child custody matter involving a same-sex couple. The Texas Attorney General's office requested the opportunity to intervene due to the state's interest in defending the same-sex marriage ban.

The judge that blocked the intervention had earlier ruled that the same-sex marriage ban was unconstitutional. This matter is not over, however.  Attorneys for the state have announced that they intend to appeal the decision.

The couple was legally married in another state in 2010. The two have a 15-month-old daughter. A child custody hearing concerning the child had been scheduled.

The arguments for and against same-sex marriage will likely remain contentious for quite some time. The matter is complicated by the fact that some have legalized same-sex marriage while others have not. Also, same-sex couples are frequently having children or are going through the adoption process. In the event same-sex couples should contemplate divorce, determinations will have to be made concerning custody of the children as well.

Attorneys work towards resolutions in child custody matters that are aimed towards the best interest of the child. All family law and child custody circumstances are unique. Unfortunately the laws have not always kept up with all of the number of circumstances that can arise. And since many same-sex couples are not in the position where they can wait for the laws to change, they will require legal advice. It's sometimes impossible to predict what the law will eventually be.

Source: Dallas News, "State district judge blocks Texas from intervening in gay divorce case," May 15, 2014

No Comments

Leave a comment
Comment Information

Seek Legal Advice Today. Call 631-265-7200.

Email Us For A Response

Choose Experience To Protect Your Rights

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Local: |

400 Town Line Road
Suite 170
Hauppauge, NY 11788

Phone: 718-737-7181
Phone: 631-265-7200
Fax: 631-265-7578
Hauppauge Law Office Map

1103 Stewart Avenue
Suite 200
Garden City, NY 11530

Phone: 718-737-7181
Phone: 631-265-7200
Fax: 631-265-7578
Map & Directions

7 Bayview Avenue
Northport, NY 11768

Phone: 718-737-7181
Phone: 631-265-7200
Fax: 631-265-7578
Map & Directions

186 Joralemon Street
Suite 1202
Brooklyn, NY 11201

Phone: 718-737-7181
Phone: 631-265-7200
Fax: 631-265-7578
Map & Directions