LGBTQ+ Family Law

Digby Family Law advocates for all of our clients regardless of gender identity or sexual orientation.  While the legal system has made great strides forward, we still recognize that our LGBTQ+ clients may encounter adversity in the courtroom and that special advocacy is necessary.

Understanding LGBTQ+ Family Law in Tennessee

LGBTQIA+ family law in Tennessee has seen significant developments in recent years, though challenges remain. Whether you’re looking to adopt, secure parental rights, or protect your family legally, understanding your rights is essential. LGBTQ+ family law provides guidance and support to help ensure that your relationships, family structure, and intentions are protected, offering peace of mind as you build and safeguard your family’s future. As the legal landscape continues to evolve, LGBTQIA+ individuals and families in Tennessee may face unique challenges. Digby Family Law is prepared to assist with these challenges and advocate for those dealing with these issues.

Key Areas

Following the 2015 Supreme Court decision in Obergefell v. Hodges, same-sex marriage became legal in the state of Tennessee. This has afforded LGBTQIA+ couples the same legal rights and responsibilities as heterosexual couples.

While LGBTQIA+ individuals can adopt in Tennessee, legal protections against discrimination in adoption services vary. Some agencies may still refuse to work with LGBTQIA+ couples based on religious beliefs.

Issues surrounding parental rights can be complex, particularly for non-biological parents in same-sex relationships. Courts may require a second-parent adoption to establish legal recognition and rights.

In divorce proceedings, courts generally consider the best interests of the child, but biases may arise. Legal representation familiar with LGBTQIA+ issues can be crucial.

Tennessee does not have comprehensive statewide protections against discrimination based on sexual orientation or gender identity, which can impact family law cases.

As the legal landscape continues to evolve, LGBTQIA+ individuals and families in Tennessee may face unique challenges. Digby Family Law is prepared to assist with these challenges and advocate for those dealing with these issues.

Why Should LGBTQ+ Couples Have Legal Representation?

Same-sex couples in Tennessee should consider legal representation for several key reasons:

Complex Legal Landscape: Tennessee’s laws around LGBTQIA+ rights can be nuanced and sometimes contradictory. Legal representation helps couples navigate these complexities, ensuring they understand their rights and obligations.

Marriage and Divorce: While same-sex marriage is legal, issues can arise during divorce regarding asset division, spousal support, and custody. An attorney can help protect their interests throughout the process.

Adoption and Parental Rights: Non-biological parents may face challenges in establishing legal parental rights. An attorney can guide couples through second-parent adoption or other legal avenues to secure parental rights.

Discrimination Issues: LGBTQIA+ individuals may face discrimination in various legal contexts, including adoption and custody disputes. A lawyer can advocate against such discrimination and work to ensure fair treatment.

Drafting Legal Documents: Creating wills, prenuptial agreements, or cohabitation agreements tailored to their unique situation is crucial for protecting their family. Legal experts can ensure these documents meet all legal requirements.

Custody and Visitation: In custody disputes, having a knowledgeable attorney is vital to navigating the best interests of the child, especially if one parent is not biologically related to the child.

Changes in Law: Laws affecting LGBTQIA+ rights can change, so having an attorney helps couples stay informed about their rights and any relevant legal developments.

Overall, legal representation provides necessary support and advocacy for same-sex couples in Tennessee, ensuring they can effectively navigate family law issues and protect their rights and interests.

LGBTQ Family

In need of assistance?

Our knowledgeable team at Digby Family Law, PLC welcomes the opportunity to assist you.

Contact us today via our online form or by phone at 615-997-3741 to schedule a consultation.