LGBTQ parents in Tennessee face a complicated and often unfair legal landscape when it comes to divorce, custody, and parental rights. Even though same-sex marriage is recognized nationwide, Tennessee family courts have not fully caught up to reflect the realities of LGBTQ families. For parents separating, divorcing, or fighting for custody, this can create uncertainty and fear about what the future holds for their children.
At the Law Offices of Amanda J. Gentry, we believe every family deserves the same legal protections and respect. If you are navigating divorce or custody as an LGBTQ parent, you do not have to face it alone. We will work with you to protect yourself legally so that no matter what, your rights are protected even in the event of a system that can be unfavorable to LGBTQ parents.
Understanding LGBTQ Family Law in Tennessee
Tennessee family law still relies heavily on traditional definitions of parenthood, which can make things more complex for same-sex couples. Although the Supreme Court’s 2015 Obergefell v. Hodges decision legalized same-sex marriage, it did not automatically resolve how state laws should interpret parentage or custody for LGBTQ families.
Why LGBTQ Families Still Face Legal Challenges Today
The challenges often arise from how Tennessee statutes define terms like “mother,” “father,” or “husband and wife.” These definitions were written long before same-sex marriage was legal and have not been consistently updated. As a result, LGBTQ parents may encounter courts that interpret the law narrowly, favoring biological or birth parents over non-biological parents in custody cases.
Even when both parents raise a child together, if only one parent is biologically related or legally recognized, the other may have to fight to establish parental rights. This can be emotionally exhausting, especially during divorce or separation.
How the “Natural and Ordinary Meaning” Law Could Affect Parental Rights
Tennessee passed the “Natural and Ordinary Meaning” law in 2017, also called HB 1111, requiring courts and agencies to interpret words in state law according to their “natural and ordinary meaning.” Critics have noted that this language could be used to exclude same-sex couples from equal protections, especially when determining parentage or interpreting family statutes.
For example, if the law refers to a “mother and father,” some judges could interpret that literally, potentially complicating parental rights for same-sex parents. While federal protections still apply, families must be cautious and proactive in securing their legal relationships through proper documentation and representation.
LGBTQ Divorce Rights in Tennessee
Divorce for LGBTQ couples in Tennessee follows the same basic legal process as heterosexual divorce. The main differences usually arise when determining parentage, property division, or spousal support if the couple’s legal marriage date does not reflect the true length of their relationship.
Are Same-Sex Divorces Handled the Same as Heterosexual Divorces?
Yes, technically. Tennessee law recognizes same-sex marriages as valid, meaning same-sex spouses can file for divorce in the same way as any other married couple. However, practical issues sometimes arise when dividing property or determining alimony. Some couples have been together for decades but were only legally able to marry after 2015. Courts may not always account for the years before legal marriage when assessing shared assets or spousal support.
An experienced divorce attorney can help present the full history of the relationship and ensure the court considers both partners’ financial and emotional contributions.
Property Division, Alimony, and Legal Recognition Issues
Tennessee follows an equitable distribution model, meaning property is divided fairly but not necessarily equally. This applies to both same-sex and opposite-sex couples. Still, questions about when the marriage officially began can affect how assets are classified. Alimony decisions may also be influenced by the perceived length of the marriage.
Legal recognition issues can extend to parental rights as well. If one parent is not legally recognized as a parent, they may have difficulty pursuing custody or visitation after divorce unless they take legal steps to establish parentage.
Custody Battles Involving Same-Sex Parents
Custody disputes between same-sex parents are among the most emotionally charged areas of LGBTQ family law in Tennessee. Because parental rights are still closely tied to biology or legal adoption, non-biological parents may face an uphill battle to remain in their child’s life after separation.
Legal vs. Biological Parent – Who Has Custody Rights?
Under Tennessee law, custody is generally granted to legal parents. If both spouses are listed on the child’s birth certificate or have completed a legal adoption, both are recognized as parents with equal rights. However, if only one parent has legal recognition, often the biological parent, they may have an advantage in court.
For LGBTQ couples who used assisted reproduction or surrogacy, this can be especially problematic. The non-biological parent may need to prove a parent-child relationship through legal adoption or prior court orders. Without that documentation, their custody or visitation rights can be limited.
How to Prepare for a Custody Dispute in Tennessee Courts
Preparation is key in custody disputes involving LGBTQ parents. Gather evidence showing your consistent involvement in the child’s upbringing: school records, medical appointments, photos, and witness statements from teachers or caregivers. Courts evaluate custody based on the best interests of the child, and demonstrating your active role as a parent can strongly support your claim.
Working with an attorney familiar with LGBTQ family law in Tennessee can make a significant difference. An attorney can help frame your case around the child’s stability, emotional well-being, and established family bonds rather than outdated notions of parenthood.
Adoption and Second-Parent Rights for LGBTQ Parents
One of the most effective ways LGBTQ parents can protect their rights is through legal adoption. Tennessee law does not explicitly prohibit same-sex couples from adopting, but individual judges and agencies may interpret the law differently.
What LGBTQ Couples Need to Know Before Adopting
Same-sex couples can adopt jointly in Tennessee, but the process may vary depending on the county and the court. Private adoption agencies, especially those with religious affiliations, may refuse to work with LGBTQ couples under state protections for religious freedom. Understanding your options and working with an adoption attorney who knows how to navigate these issues is essential.
When one spouse adopts the biological child of the other, this is known as a second-parent adoption. It ensures that both parents have full legal rights, including decision-making authority and inheritance rights.
Legal Steps to Establish and Protect Parental Rights
To protect your parental rights, it’s important to complete legal steps such as second-parent adoption, pre-birth orders in surrogacy cases, or voluntary acknowledgment of parentage when available. These legal safeguards prevent disputes later and provide clarity if your family faces challenges in court. The requirement for a legal second-parent adoption in Tennessee, is that the step-parent and biological parent are married.
Without formal recognition, even long-term parental relationships can be disrupted after a breakup or the death of a partner. A family law attorney can help ensure your paperwork, wills, and custody agreements clearly reflect your parental role.
Legal Strategies to Protect Your Family
Proactive planning can prevent many of the issues LGBTQ parents face in Tennessee family courts. Legal documentation not only provides security but also sends a strong message to the court about your commitment to your child’s well-being.
The Importance of Legal Custody Agreements and Wills
Custody agreements, co-parenting plans, and wills are powerful tools for LGBTQ parents. A written custody agreement clarifies parenting time, decision-making responsibilities, and financial support. A will ensures that your children are protected and that custody passes to the intended parent if something happens to you.
Even if you are in a stable relationship, these documents help secure your family’s legal standing against future disputes or unexpected challenges.
How a Family Law Attorney Can Shield You from Bias in Court
Unfortunately, bias against LGBTQ parents still exists in some courtrooms. An experienced family law attorney knows how to present your case strategically and push back against discriminatory arguments.
Your attorney can highlight your parental involvement, stability, and the emotional bond with your child— factors that Tennessee courts are legally required to prioritize under the best interest of the child standard.
Why LGBTQ Clients Trust Amanda Gentry
Amanda Gentry has built a reputation across Nashville and Middle Tennessee for fearless advocacy and honest representation. At the Law Offices of Amanda J. Gentry, we understand the unique challenges LGBTQ parents face and approach each case with compassion and determination.
Whether you are pursuing custody, adoption, or divorce, the Law Offices of Amanda J. Gentry will stand with you and ensure your voice is heard. We believe that every parent deserves respect and equality in the courtroom, regardless of gender or orientation.
Contact us today at (615) 604-6263 for a confidential consultation and take the first step to securing your divorce and parental rights now and in the future.
