EP09: Inside LGBTQ+ Divorce: Parental Rights, Gender Transitions, and Legal Challenges

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Behind The Case

Tyler Monahan

21 episodes

3 days ago

Welcome to 'Behind the Case,' by Turner Monahan PLLC, with 70+ years of family law experience. Our podcast is your go-to for divorce and family law in the Dallas, Fort Worth area. Each episode, we dive into real cases, answer questions, and simplify legal jargon. Whether facing divorce, child custody, or other family law matters, we're here to provide clarity and support. Learn from seasoned attorneys, gain insights, and feel confident navigating your legal journey. Subscribe and share 'Behind the Case.' Disclaimer: Educational purposes only, not legal advice. Consult a licensed attorney.

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EP09: Inside LGBTQ+ Divorce: Parental Rights, Gender Transitions, and Legal Challenges - Part 1

Behind The Case

15 minutes 49 seconds

10 months ago

EP09: Inside LGBTQ+ Divorce: Parental Rights, Gender Transitions, and Legal Challenges - Part 1

Divorce is never easy, but for LGBTQ+ couples, the journey often comes with its own set of unique challenges.

Welcome to Part 1 of this two-part episode of "Behind The Case," attorneys Tina Campbell and McKenzie Coe from Turner Monahan PLLC dig into the complexities of same-sex divorces, offering thoughtful insight and practical experience.

One key issue they explore is parental rights. Tina explains, “If the proper steps aren’t taken early, one parent’s rights could be left unprotected, no matter how involved they’ve been.” From gestational agreements to adoption, they walk through what’s needed to ensure both parents are legally recognized and ready for any future hurdles.

The conversation also touches on asset division. For couples who were together long before marriage equality, deciding what counts as community property can be tricky. McKenzie notes, “The law can backdate a marriage in some cases, but having clear records makes the process much smoother.”

Through real-life examples, Tina and McKenzie highlight how preparation can save couples from emotional and financial stress down the line. Their conversation is straightforward: take proactive steps now to protect your future.

Key discussions in this episode:

(1:07) The biggest challenge in LGBTQ+ divorce with children

(2:32) Do LGBTQ+ divorces follow different rules in Texas courts?

(3:27) The role of conception and biology in same-sex divorce cases

(6:01) Unique custody challenges faced by LGBTQ+ families

(10:22) Backdating marriages: a unique factor in LGBTQ+ asset division

(11:45) Resources for LGBTQ+ divorcees in conservative states

This episode is packed with insights to help same-sex couples navigate the legal system and secure their rights. And the conversation doesn’t end here—stay tuned for Part 2, where the attorneys dive into even more sensitive topics like gender transitions and domestic violence.

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Disclaimer

The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.