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Nashville, TN family law attorney Anne Hamer talks about her experience in handling LGBTQ divorce. She shares that she has represented and mediated for numerous LGBTQ clients in divorce and notes that the legal landscape has changed dramatically since the Overfelt decision. She explains that parenting arrangements were once severely restricted, particularly in cases where one partner was not the biological parent or when neither partner was biologically related to the child. These situations often created significant challenges during divorce proceedings.
She observes that courts and the legislature have worked to establish frameworks allowing children to maintain meaningful relationships with non-biological parents who have played an active role in their lives. With marriage equality now recognized, these protections have further strengthened. For LGBTQ families who adopt children post-Overfelt and are legally married at the time of the child’s birth, this represents a significant legal and personal benefit, providing stability and continuity for the child and family alike.