How Courts Handle Custody in LGBT+ Divorces Involving Non-Biological Parents

A custody battle is one of the most emotionally charged aspects of divorce, and for LGBT+ families, the process can come with unique challenges. While the courts aim to ensure the best outcome for children, the legal system is not always consistent in how it treats non-biological parents.  

Questions about parental rights, legal standing, and equitable divisions of time can leave families in turmoil during an already stressful time. Understanding how courts approach custody in these cases is essential for any parent facing this complicated issue.  

At Middle Tennessee Family Law, we understand the unique legal hurdles faced by LGBT+ parents in our community. Our attorney, Tiffany Johns, has dedicated her practice to helping families throughout Franklin, Tennessee, and surrounding areas secure favorable outcomes in their custody disputes.  

Whether you're a biological, adoptive, or non-biological parent, we're here to provide clarity and advocacy. Our firm serves clients in Williamson County, Davidson County, Wilson County, Sumner County, and Rutherford County.

Tennessee Laws Impacting LGBT+ Parents  

When determining child custody in Tennessee, the courts prioritize the "best interests of the child." This standard applies to LGBT+ families as well, but complications can arise when the parent-child relationship lacks formal legal recognition.  

Biological or adoptive parents often have clear legal standing, but for non-biological parents, the strength of their custody case depends heavily on specific factors. These may include the existence of legal parental agreements, the involvement of both parents in the child's life, and the state's approach to defining parenthood. 

Non-biological parents in LGBT+ marriages often face hurdles in establishing their parental rights, especially if formal adoption papers were never completed. For instance, if a same-sex couple has a child via artificial insemination or surrogacy but only one parent is listed on the birth certificate, the other parent's legal standing could be called into question during a divorce. 

Factors Tennessee Courts Consider in LGBT+ Custody Cases 

Tennessee courts strive to make custody determinations that benefit a child's emotional, developmental, and physical well-being. However, the unique dynamics of LGBT+ divorces can influence what factors hold the most weight. Some of the key considerations include: 

• Legal or biological ties: The courts often prioritize parents with a clear legal relationship to the child. For non-biological parents, formal adoption or a documented parenting agreement can significantly strengthen their case. Without these, it becomes necessary to provide evidence of a strong emotional bond and a history of shared caregiving responsibilities. 

• The child-parent relationship: Regardless of biology, the courts consider the depth of the relationship between a child and their non-biological parent. For example, if a non-biological parent has played an active role in daily caregiving, education, and emotional support, evidence of this involvement can help build a compelling case for custody. 

• Precedents and judicial discretion: While Tennessee law does not explicitly discriminate against LGBT+ parents, the interpretation of laws can vary by jurisdiction. Judges often have significant discretion in applying the legal standard, meaning that a well-crafted legal argument and solid evidence are crucial for securing custody or visitation rights.  

How to Strengthen Your Case as a Non-Biological Parent  

As a non-biological parent in Tennessee, you will most likely be required to demonstrate your commitment and role in the child’s life when pursuing custody. While this may feel overwhelming, proactive and thoughtful steps can significantly improve your chances of achieving a fair and favorable outcome. Some effective strategies for presenting your case include the following.

• Document everything: Keep records of your involvement in the child's life, including schedules, photos, and any agreements between you and your ex-partner. 

• Secure legal representation: Custody cases involving non-biological parents require detailed legal arguments and a thorough understanding of state family laws. Our attorney, Tiffany Johns, can provide the diligent legal experience required to protect your parental rights. 

• Seek a parenting plan agreement early: Whenever possible, work with your ex-partner to establish a cooperative parenting plan that suits both of you. This can demonstrate your willingness to work in the child’s best interests and may influence the court’s decision. 

• Petition for legal recognition: If you were not listed on the child’s birth certificate or did not legally adopt them, you can take steps to formalize your parental relationship, even before you begin formal custody proceedings. 

Child Custody FAQ

At Middle Tennessee Family Law, we often encounter questions from our clients regarding child custody. Below, we provide answers to some of the more common questions we receive.

Can custody arrangements be modified after a court order?  

Yes, custody arrangements can be modified if there is a significant change in circumstances that could impact the child’s well-being. Some examples include relocation, changes in the child’s needs, or a parent's inability to meet their responsibilities. You will typically need to file a petition with the court to request a modification. 

How is joint custody different from sole custody?  

Joint custody means that both parents share the responsibilities and decision-making for the child, which may include healthcare, education, and general welfare. Sole custody, on the other hand, grants these rights to one parent exclusively, with the other parent typically having visitation rights. 

What is supervised visitation?  

Supervised visitation is when a parent is only allowed to visit their child under the supervision of a neutral third party. This arrangement is typically ordered by the court to ensure the safety and comfort of the child in cases where concerns exist about the visiting parent’s behavior or environment. 

How is child support determined in relation to custody?  

Child support is typically calculated based on factors such as each parent's income, the amount of time the child spends with each parent, and the child's specific needs. While child custody arrangements can influence payments, courts aim to ensure sufficient financial support for the child’s care and well-being. 

Advocate for Your Family's Future Today

At Middle Tennessee Family Law, we know that every family is unique, and we strive to approach each custody case with sensitivity and understanding. Our attorney will work tirelessly to uphold your rights as a parent while advocating for the best future for your child.  

Located in Franklin, Tennessee, we serve families in Williamson County, Davidson County, Wilson County, Sumner County, and Rutherford County, and we offer free case evaluations to help you better understand your legal options. To schedule your free consultation, call today.