FIERCE COMPASSIONATE LAWYERS
The Law Office of Lisa A. Vance, P.C.

The Path to Your Piece of Mind
Divorce and Family Law Matters

We are now accepting clients statewide in Texas.

WE ARE WORKING!

As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

Family Law
Click For More

Rest of Life
Click For More

Who gets the kids in a same-sex divorce case?

| Jul 17, 2020 | Divorce, LGBTQ Family Law, Parenting Plans |

In a recent article I wrote, I discussed same-sex divorces for marriages that are actually informal marriages. Though informal marriages, the legal term in Texas for what some know better as common-law marriages, don’t come with the same level of ceremony as a marriage performed in a church or before a justice of the peace, they’re just as legitimate in the eyes of the law. As long as a couple meets the standard for an informal marriage in Texas, it is recognized as a marriage.

The conversation around same-sex marriage brings up one of the most important topics for any same-sex marriage: If there are children in the marriage, how does parenting time work?

The rules for same-sex marriage are the same as for differently-gendered parents. You don’t necessarily have to have joint managing conservator parents. Under the Texas Family Code, there are standard orders provided as a guide to which parent gets time with the children during any given month during the school year as well as during the summer.

Parents can agree to any schedule in their particular decree, of course, as long as it’s deemed fair enough for a judge to sign off on, and as long as it’s deemed in the best interest of the children (BIOC). Parents can determine their own schedule as long as they both agree to any changes, but they need a baseline schedule to fall back on in case they can’t agree.

While some get creative with week on, week off schedules or 5-5-2-2 schedules, many see the standard orders as a reasonable, time-tested way to give children structure and parents reasonable parenting time, and go with that. It is presumed to be in the BIOC. (When cases are left to judges to hear in court, standard orders are by and large the default, unless a parent makes a compelling case for something different.)

In courtroom divorces involving a man and a woman, some judges might be more predisposed to making the mother the managing conservator under the cultural assumptions around maternal instincts. But in same-sex marriages, there’s no specific default gender to go to — a judge is determining parenting time between two men or two women. Of course, one or both of the parents might identify as non-binary or trans, and employ a pronoun indicating that identity, but in many cases, there’s nothing that would outwardly predispose a judge one way or the other.

What’s best in these cases, like all cases, is to determine what’s best for the child.

The complicating factor in these divorces, obviously, is that one parent at most has biological ties to the child in question. But it’s really up for judges to hear arguments in those cases, and for lawyers to advocate for their clients — hopefully, in a way that best provides for what the children need.

If you’re looking for lawyers experienced in same-sex divorce cases, the Law Office of Lisa A. Vance is here for you. We’ve worked on a variety of cases involving same-sex marriages, as well as CPS cases involving LGBTQ parents. We have both the knowledge and the sensitivity needed to manage these cases and help LGBTQ people through the same-sex divorce process.

Request A Consultation

Categories

Archives

FindLaw Network