On May 14, a Texas State District judge ruled that a same-sex couple's divorce and child custody hearing could move forward. The dispute began after the two women got married in Washington D.C. back in 2010 and then decided to split up years later after having moved to Texas.
The state of Texas does not allow same-sex couples to marry. The position of the state's attorney general has been that since Texas does not allow those types of marriages, the courts are not permitted to allow the dissolution of such a union.
Compounding the problem was that the two women had conceived a child together via artificial insemination. That child is now 15-months-old. In addition to the dissolution, the women are also asking Texas to preside over a child custody dispute between the couple. The judge's recent ruling now opens the door for the custody hearings, which are now scheduled to take place in San Antonio, Texas on May 29.
The news of the judge's ruling received mixed results from all parties. The attorney for the custodial parent is dismayed and says that his client didn't want to get into a custody battle. The non-custodial parent is elated by the ruling, as she hasn't seen the child since Nov. 3, and there is now a possibility that she may at least obtain visitation rights. The Attorney General's Office has vowed to appeal the decision.
The most important component of any divorce is a positive outcome for the children involved. It's sometimes easy to get lost in emotions whenever two people decide to part ways, but it's always crucial to remember that children are fragile, innocent beings. They have no say in any of the contested issues such as property or assets disputes, yet those decisions will affect their lives directly for years to come. That's why the well-being of the children caught in the midst of a divorce should always take priority over all other interests.
Source: CBS 7, "Texas' push to halt same-sex divorce case rejected" No author given, May. 15, 2014