Family Law Attorney in Nashville, Tennessee

What is your experience in handling LGBTQ divorce?

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I have represented a number of lgbtq
clients and I’ve mediated for lgbtq
clients in divorce and of course the
landscape’s changed dramatically since
the Overfelt opinion uh what we’re
seeing now the new trend is that
parenting which used to be so severely
restricted because people would uh
either adopt or um they would do inv
vitro or I UI where one partner is not
the biological parent or perhaps even
both partners aren’t the biological
parents and this would cause all sorts
of trouble in divorce and it still does
for my lgbtq clients in some ways but
our courts and our our legislature have
worked hard to try to make a framework
so that a child who has been in one
parents life who may or may not be or
who is not typically biologically
related to that child need be able to
continue that relationship and so with
marriage now being legal it’s changed
the landscape on that for every parent
who has uh adopted a child after
overfell and has been able to be married
when that child is born it’s been a a
real blessing to our lgbtq families

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.

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