Many divorces involve child custody, with either both the parents seeking primary custody of their children or, on occasions, adequate child support from the parent who is not the primary custodian. There are several factors that the court takes into consideration in order to decide matters relating to child custody, the chief among them being best interests of the child.
If child custody disputes stem from the parents’ love for their children, then it stands to reason that even a homosexual married couple would feel the same love for their children, and hence a divorce between such a couple would also lead to a custodial dispute. It is true that in such cases, both the parents may not have a blood relation with the child, but strong emotional tethers may still exist between them.
However, when it comes to Texas laws, matters get slightly complicated, given the state is even now witnessing a raging debate about homosexual marriages. Following a judicial decision about the prohibition in Texas of same-sex marriages and a refusal to recognize such marriages solemnized out of state, a same-sex divorce and associated child custodial dispute is soon going to be heard by a Texas court.
In this matter, the questions to be decided include whether a legal divorce is possible between the couple and, if so, who gets to keep primary custody of their child. This matter, like the rest of its type, may involve a number of complicated issues owing to the custodial component, which is why for someone who is determined to see things through to the end, getting the right information about the available options may prove to be essential.
Source: FoxSanAntonio.com, “Judge to decide whether San Antonio same sex couple can divorce,” Robert Price, April 10, 2014