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