One of the challenges that I see in my work as a family law/divorce/child custody attorney in the Dallas LGBT community is the attitude that only a lawyer who is also gay can represent a gay person. In any field, you should want the best professional for your situation as possible. While a lawyer who is also gay may be a great lawyer and may be very good at the issues you are facing, he or she may not be the only lawyer or even the best lawyer for your situation.

If you have a medical condition, would you only want a doctor who is gay to treat you – or would you want the best doctor for your malady? If you wanted to buy a house, would you only want a realtor who is gay to represent you – or would you want the best realtor for the area you are looking in?

Many lawyers, regardless of sexual orientation, have advocated for same sex couples even before the recent expansion of rights for LGBT people by the US Supreme Court. Gay couples have adopted children, had custody arrangements, and broken up relationships for years before the US Supreme Court decided the Windsor case or the Obergefell case (granting recognition for same sex marriages).

For example, in the late 1990’s I represented a couple in a break up and division of property, under the laws at that time called a Partition suit. I represented gay couples who had children and intended for the children to be raised by them as parents. In fact, I represented a lesbian woman in a custody case, resulting in the first appellate decision in Texas granting standing to a lesbian non-biological parent to sue for access to the child. (See discussion about In re M.K.S. opinion here.)

So, what qualities should a person look for in a lawyer for a gay divorce or child custody suit in Texas? First, look for a lawyer who specializes in Texas family law. The Texas Board of Legal Specialization offers certification in Texas family law, which can be standard to ensure that a lawyer has met certain minimum qualifications. Also, research or ask the lawyer about his or her prior experience in LGBT or gay family law issues. Is the lawyer new to the subject or does the lawyer have a track-record of representing people in LGBT or gay issues? Third, do you have a comfort level with the lawyer? Rapport is an important part of the attorney/client relationship. If you don’t feel comfortable talking to the lawyer, he or she will not be a good fit for you. None of those questions involve an inquiry into the lawyer’s personal sexual orientation.