The Arizona Supreme Court handed down an opinion recently finding a presumption of maternity for a married lesbian couple where the child was born during the marriage. This ruling applies the presumption of paternity for a heterosexual couple to a same-sex couple. This is what many believe the correct application of the law to be
Michelle May O'Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as "a lethal combination of sweet-and-salty", Ms. O'Neil exudes genuine compassion for her client's difficulties, yet she can be relentless when in pursuit of a client's goals. One judge said of Ms. O'Neil, "She cannot be out-gunned, out-briefed, or out-lawyered!"
Family Law Specialist
Ms. O'Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O'Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O'Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.
Top Lawyers in Texas and America
Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. Ms. O'Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW for multiple years. She was named one of the Best Lawyers in America and received an "A-V" peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.
Author and Speaker
A noted author, Ms. O'Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015. Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations. The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O'Neil to provide instruction to attorneys on topics of her expertise in the family law arena.
Laws that prohibit divorce from a valid marriage violate human rights
The United Nations ruled in August that an Australian law that prohibits divorce between same-sex couples validly married from another country to divorce violates international human rights obligations.
The case was taken to the UN by Fiona Kumari Campbell, who married her ex-partner in Canada in 2004, before the couple separated later that year. Dr…
Common law marriage for same-sex couples
I still get questions about how Texas’ informal (aka common law) marriage statute applies to same-sex couples prior to the date that the Obergefell opinion was released. Remember that Obergefell found that the provisions of the Defense of Marriage Act prohibiting marriage between couples of the same sex are unconstitutional, thus legalizing same-sex marriage.
LGBT parents face unique legal issues
There are two common situations in which LGBT parents face custody cases. The first involves a time when a person enters into a different-sex marriage and has children, but later divorces and discovers that he or she is gay, lexbian, bisexual, or transgender. This situation comes about frequently and many LGBT parents …
Same-sex marriage has highest approval rating in history
Gallup conducted their annual poll of Americans’ support for same-sex marriage. The results… 64% of Americans think same-sex marriage should be legal. This is the highest approval rating in US history. In 1996, when Gallup first conducted this poll, only 27% of Americans approved.
This year’s poll also revealed that, for the first time, a…
Will Obergefell expand the definition of family in the wake of expanding marriage?
I ran across an interesting law review article from Susan Frelich Appleton out of Ohio State University’s Moritz College of Law called Obergefell’s Liberties: All in the Family. The article joins the debate about whether the Obergefell case only protects liberty against the interference by the state regarding the right to marry (public liberty)…
LGBT film Moonlight wins best picture
Forget about all the other nonsense, let’s celebrate that an LGBT film won best picture at the Academy Awards! Moonlight presents the life of the main character Chiron and the struggles he faces with his own sexuality as well as the physical abuse that he receives as a result of it.
The movie begins in…
First Openly Gay Family Court Judge in Texas
The number of LGBT identifying adults rises
Gallup did a survey in 2016 which shows that more than 10 million American adults now identify as LGBT, making 4.1% of the population LGBT in 2016. That’s up from 3/5% in 2015. Millennials, who are viewed as more open-minded and accepting of different lifestyles, are to be credited for the increase. Millennials, born between…
What is a pregnant woman supposed to look like?
A married lesbian couple decided to have a baby with the help of a sperm bank. Their Youtube videos have earned them over one million subscribers. Domonique has always wanted to have a baby and was thrilled when she learned from her doctor that she is pregnant with a baby boy. However, the internet is…