When a court considers Texas child custody and visitation, the child’s best interest is the primary concern. The court considers certain factors, including what the child wants, the child’s current and future needs, any danger to the child, the parents’ respective abilities, programs available, the parents’ plans for the child,…
Articles Posted in same-sex marriage
How Surrogacy Contracts Work
Surrogacy is the process of a mother carrying a child for a family who can’t conceive. The process can be a godsend for parents who do not have the option of traditional conception. As surrogacy works in Texas, it involves a life-altering event for at least three parties– the intended parents and…
Same-Sex Couples and Common Law Marriage
The legalization of same-sex marriage may only be a few months old, but Texas’ informal marriage laws may provide for marriage recognition dating back decades. On June 26, 2015 the United States Supreme Court issued its ruling in Obergefell v. Hodges, legalizing same-sex marriage in every state of the Union.…
In Light of Obergefell v. Hodges Decision, State of Texas Now Ordered to License and Recognize Same-Sex Marriage
Friday, June 26, 2015, was unquestionably a historic day in the realm of family law, constitutional law, and for the country as a whole. On this day, a majority of the Supreme Court of the United States held that the Fourteenth Amendment of the U.S. Constitution requires a State to…
First Same-Sex Marriage License in Texas Leaves More Questions than Answers
A federal district judge in Texas rules that Texas’s Constitutional ban on same-sex marriage violated the Equal Protection Clause of the United States Constitution. That ruling was stayed pending appeal—a common procedure in this type of case (when a law has been ruled unconstitutional, it is common to keep the…
Same Sex Divorce In Texas
Article 1 Section 32 of the Texas Constitution states that “Marriage in this state shall consist only of the union of one man and one woman… this state may not create or recognize any legal status identical or similar to marriage.” Also, under the Texas Family Code, the Legislature of…
Recognizing Same-Sex Marriage in the Divorce Context
The State of Texas will not grant a marriage license to same-sex applicants, but can the State of Texas grant a divorce to spouses of the same sex who were married in a state where same-sex marriage is legal? On November 5, 2013, the Supreme Court of Texas heard this…