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LGBTQ+

 Texas LGBTQ+ Law

Austin-based family law attorney Christine Henry Andresen has represented LGBTQ+ clients in a variety of family law issues that arise from LGBTQ+ and queer relationships in Texas. Some of the common requests include a “partnership package” for committed couples, same-sex second-parent adoption, help with legal issues involved with a separation whether through collaborative gay divorce (or break-up) or a litigated separation, and transgender clients’ legal issues such as name change and legal gender correction.

Are You a Member of the Texas LGBTQ+ Community and Need Legal Help? Christine is Your Lawyer

Because of CHA Law Group’s experience handling LGBTQ+ issues in Texas courts, Christine has many alliances and memberships in national, state, and local LGBTQ+ groups. In 2013, Christine was invited to join the LGBTQ+ Family Law Institute by its founder. The LGBTQ+ Family Law Institute is a nationwide group of experienced LGBTQ+ family law and estate planning practitioners—the invitation was quite an honor. Christine is also on the Board of the Austin LGBTQ+ Bar Association and has spoken at various workshops for non-lawyers, attorney education events, and on LGBTQ+ legal issues in general and LGBTQ+ family law issues. Most recently, she spoke about LGBTQ+ Legal Issues to judges and practitioners at the Bench/Bar conference, sponsored by the Austin Bar Association.

Whether your situation is happy and exciting, difficult, scary, or just unfamiliar, LGBTQ+-friendly Austin-based CHA Law Group will help you navigate the legal ramifications. Call us to schedule an appointment.

Areas of LGBTQ+ Law

  • Partnership Package for LGBTQ+ Couples in Texas

    My partner and I do not feel that marriage is right for us, but we still want to do the responsible planning that straight, married couples do—what should we do?

    I am gay-married, and I want my spouse to have the maximum possible protection and decision-making if I am in the hospital or worse…?

    Queer couples should still get their houses in order, legally speaking, even with marriage as an option. You’re still gay/trans/poly people in Texas, y’all.

    CHA Law Group Helps LGBTQ+ Couples in Texas Take Advantage of the Legal Rights That Texas Allows

    Christine advises all committed LGBTQ+ couples to have the following documents:
    Basic Will—Christine can help you with your estate planning and make sure your loved ones are taken care of.
    Advance Directive to Physicians—Also known as a Living Will, a Texas statutory Advance Directive allows you to decide in advance the basics about whether you want extreme medical interventions keeping you alive by any means necessary when you are completely and permanently incapacitated. At CHA Law Group, we go beyond the basic Texas statutory directive, and give you a much more detailed supplemental directive that states what life-sustaining measures you want taken when you are in increasing degrees of incapacitation and so relieves your loved ones of the burden of making some heart-wrenching decisions.
    Medical Power of Attorney—This document allows you to designate the person who will be your medical decision-maker in the event of your incapacitation. Extraordinarily important for someone in a same-sex couple to complete.
    HIPAA Release—Informs medical providers who has the right to receive your medical information. Even in the absence of other documents, hospitals often give a surprising amount of rights to a person designated in a HIPAA release.
    Appointment of Agent to Control Disposition of Remains—This document allows for the appointment of a successor agent if the first-choice person is unavailable and it allows for certain relatives to be excluded altogether, among other things. Please note: This is a document that an attorney not accustomed to LGBTQ+ issues might forget, so make sure it goes on your list. We don’t want you in the wrong-gendered clothes in the family crypt because your mama got to pick instead of your partner.
    Durable Power of Attorney—You should also create a more general Power of Attorney to designate a person to make other, non-medical legal decisions for you, either in a limited capacity for a particular transaction or more globally.
    Declaration of Guardian—You should designate the person you want to be your legal guardian in the event of your incapacity. A legal guardian is a legal role even more powerful than power of attorney.

    For couples with minor children, Christine always recommends:
    Appointment of Guardian for Child—This estate-planning document designates the person you wish the court to appoint as your child’s guardian should you become incapacitated.

    Is your relationship ready for the next step? Are you guys ready to sign and initial a whole bunch of documents together? Austin-based family law attorney Christine Andresen welcomes y’all to come do really extensive, but totally helpful legal paperwork to ensure your rights as partners in a committed LGBTQ+ relationship in Texas. Contact us to make an appointment.

  • Gay Divorce

    My wife and I need to call it quits. I know gay marriage is new to Texas, but there is gay divorce, right?

    Yes.

    For same-sex married couples, divorce is possible in Texas, but how it works depends on a few factors. Are you and your soon-to-be-ex in agreement about all property and child issues in your case? If yes, your divorce can probably be taken care of at Travis County’s uncontested docket. If you live outside of the Austin, Texas area, there are also options for “wedlocked” couples in other counties. You may need to brave your local judge, or there is a chance you can come see an LGBTQ+-friendly Austin judge instead. Come see Christine for a consultation to talk about your circumstances.

    Christine Andresen Can Advise You About How to Get a Gay Divorce in Texas

    Are you not feeling so great about your gay marriage these days? You should schedule a consult with LGBTQ+-friendly CHA Law Group to discuss your situation. Gay marriage, just like straight marriage, isn’t always destined to be forever.

  • Gay "Divorce" in Texas

    My lesbian partner and I aren’t married but we’ve been together for many years and our lives are all jumbled together—how can we get a divorce without ever being married?

    Splitting up is hard. Especially if there are a lot of decisions to make. Do you guys have a lot of “stuff”? By stuff we’re not talking about your cookbook collection—we’re talking about real estate, finances and big possessions. And were you guys taking care of children together? If so, then we have some work to do.

    CHA Law Group Will Help You Legally Disentangle Your Long-Term Partnership

    Even though you weren’t married, you will have to come to a legal agreement about your assets, debts, and child issues, just like in a divorce.

    Austin-based family law attorney Christine Andresen is here to support you in figuring out the best way to protect your interests while ending your long-term same-sex relationship in an amicable (we hope) way. Contact us to make an appointment to hear how we can help.

  • Second Parent Adoption/LGBTQ+ Adoption

    I’m in a same-sex partnership and I want to become the other legal parent of my partner’s child—is this possible?

    Yes. But be sure to find an experienced adoption attorney who understands how to do those types of adoptions, and which judges and which counties will grant them.

    Austin-based CHA Law Group Assists Second Parent Adoptions for Same-Sex Couples

    Sometimes both partners adopt—the first adopts a child (from CPS or an agency or through an independent adoption) and the second then does a second-parent adoption. Of course, trouble can arise when there are interstate issues, someone is contesting the adoption, or other complications. That’s when you’ll really be glad you have a good lawyer.

    Austin-based family law attorney Christine Henry Andresen is an invited member of the national LGBT Family Law Institute, and has a great deal of experience with same-sex adoption in a variety of circumstances. This is especially important for same-sex couples in Texas, even if they are married, because marriage is different than parentage, and judges in conservative Texas counties are likely to be skeptical of parentage theories when there is no adoption order. For maximum protection if the biological mother were to die, or in a break-up, that adoption can make all the difference. Even opposite-sex step-parents in Texas need to adopt for parentage to be automatic. And married same-sex couples in places like Massachusetts and California often still adopt because of the possibility they could move to (or even visit) somewhere like Williamson County and disaster strikes.

    Where you live isn’t the only issue—it also matters what the family situation is like. Perhaps one of you already adopted through CPS as a single parent. Perhaps one of you is the biological parent and the other biological parent is willing to relinquish parental rights. Perhaps a sperm donor was used and there are donor contract issues to resolve before the pregnancy even begins, let alone the second-parent adoption is completed. Each of these situations brings its own legal issues and potential complications. Circumstances vary. Inquire within.

    Contact Christine’s office to discuss what’s right for your situation.

  • Correction of Gender Identity in Texas

    The universe got it wrong with my physical body when I was born and I want to legally correct my gender identity—is this possible in Texas?

    Yes! It can be done combined with a name change or on its own. And CHA Law Group can get you time with trans-friendly judges. What can a trans-friendly judge do, you ask? Well, being trans-friendly means that the judge is willing to allow for a waiver of venue and help MTF or FTM trans folks—from Travis County and also elsewhere in Texas—get a court order for a legal correction of gender identity. And with that you can get your new corrected driver’s license and it makes it a bit easier to get the corrected passport. You heard it right—Texas judges will do this. (Austin counts as Texas, y’all.)

    CHA Law Group Helps MTF and FTM Trans People Legally Change Their Gender Identity in Texas

    You may also be surprised to learn that some judges will sign these legal identity documents not only for trans people who have already had sex reassignment surgery (SRS), but also for those much earlier in their medical journeys.

    Austin-based attorney Christine Andresen would be thrilled to be part of your gender identity journey by making the legal part as painless as it can be. Please contact us to schedule an appointment to talk about transgender legal issues. Christine is experienced with not only the less complicated gender correction cases, but also for teens, for people with criminal history, and other unusual situations.

  • Change of Name in Texas

    I’m not a straight woman getting married, but I still want to change my name—can I do this in Texas?

    Yes. Yes, you can. Name-changing isn’t only for married or divorcing straight women. You can legally change your first name or your last name, or both. Except not to Christine Henry Andresen, that’s already taken.

    Austin-based Attorney Christine Henry Andresen Helps Her Clients Legally Change Names in a Variety of Circumstances

    CHA Law Group has helped all sorts of people in LGBTQ+ or non-traditional circumstances legally change their names in Texas:
    • Trans clients who want to legally change their first and/or last names—sometimes combined with a Correction of Gender order
    • Gay / LGBTQ+ couples getting married where one or both partners want to have the same last name
    • Same-sex couples starting a family where one or both partners want to change their last name in order to have the same last name as the child

    Do you see your situation here? If so, or if not, we can help you. CHA Law Group has a great deal of experience with Change of Name of Adult cases. Contact us to make an appointment to get your name.

  • Civil Union Dissolution

    My partner and I had a civil union a few years ago but now we are splitting up—is there a “civil union divorce”?

    It depends. Some people who have obtained civil union or same-sex domestic partnership legal status might require a legal divorce or other dissolution—each situation is different, and depends in which state, county, etc. you became civil union partners or registered domestic partners.

    LGBTQ+-Friendly CHA Law Practice Can Guide You Through Civil Union or Same-Sex Domestic Partnership Dissolution

    If you have broken up with your somehow-official-same-sex partner, and there are possible joint or community property issues or child custody issues, then a consultation would be helpful in planning the best way to go about the civil union / same-sex domestic partner dissolution, or “divorce.”

    Family lawyer Christine Andresen has extensive experience helping to manage the legal issues that come up during the best, and worst, times in life. If you’re going through a split with your domestic partner here in Central Texas, contact her to schedule an appointment to figure out what your next step should be.

  • Polyamory in Texas

    I practice ethical non-monogamy, meaning I have more than one loving, intimate relationship at a time (with everyone’s full knowledge and consent), but I think it might get me in trouble legally during my divorce—can you help?

    Yes. Polyamory legal issues may not exactly fit into the LGBTQ+ category, but many of the issues poly folks face bear some similarity to those LGBTQ+ people can face. For instance, during a divorce there can be a child custody (conservatorship) dispute if the straight/vanilla parent tries to attack the other parent due to his or her preferences in the bedroom. Also, there are estate planning documents and elective Suit Affecting Parent-Child Relationship orders that could benefit some poly triads depending on their circumstances.

    Queer-Friendly CHA Law Group Is Open to Representing Polyamorous People or Couples in Whatever Their Family Law Issues Might Be

    Do your romantic and sexual choices make it hard to find a sympathetic ear for your legal issue? Austin-based family law attorney Christine Andresen won’t be shocked and won’t turn you away. Contact us to schedule a consultation to figure out how to protect your legal rights.

  • Kinky in Texas

    I am kinky, a proud member of the BDSM community. Will this get me in trouble in my divorce? Can you help?

    Yes. BDSM/kink issues may not exactly fit into the LGBTQ+ category, but many of the issues kinky folks face bear some similarity to those LGBTQ+ people can face. For instance, during a divorce there can be a child custody (conservatorship) dispute if the vanilla parent tries to attack the other parent due to his or her preferences in the bedroom.

    Queer-Friendly and Kink Aware CHA Law Group Is Open to Representing Kinky People or Couples in Whatever Their Family Law Issues Might Be

    Do your romantic and sexual choices make it hard to find a sympathetic ear for your legal issue? Austin-based family law attorney Christine Andresen won’t be shocked and won’t turn you away. Contact us to schedule a consultation to figure out how to protect your legal rights.

  • LGBTQ+/Gay Single Parents in Texas

    I’m a single gay man and I’m adopting a baby—other than the actual adoption, is there any legal planning I should be doing?

    We’ve had many LGBTQ+ / gay single clients who decided to start a family on their own through adoption, ART, or surrogacy. We couldn’t be more thrilled to be part of starting these loving families.

    There are a few things we ask our single LGBTQ+ / gay parents-to-be to think about in preparation for starting a family. None of them really have anything to do with being a single gay parent per se, but we do like to make sure our LGBTQ+ clients are extra-prepared in Texas.

    In a State Like Texas, Single Gay Parents Should Make Sure All of Their Legal Bases Are Covered So Their Family Is Protected

    Some are just the normal, kind of boring “adult” rites of passage like making a will and estate plan. Others are really important to do for the unlikely event that something happens to you so you’ll still get a say in who takes care of your child. See our Wills / Estate Planning page for more information on the documents we recommend—the most important for any single parent being the final document on the list, the Appointment of Guardian for your child.

    Other CHA Law Group information that might be useful to gay, lesbian, or trans singles thinking about, trying to, or actually in the process of becoming parents:
    Gestational Agreements in Texas
    Egg Donation Agreements in Texas
    Sperm Donation Agreements in Texas
    Embryo Donation Agreements in Texas
    International Adoption
    Relative Adoption in Texas
    Texas and Interstate Agency Adoption
    Independent Adoption in Texas
    Interstate Adoption (ICPC Adoption) in Texas
    CPS Adoption and Foster Care Adoption in Texas

    Do you want to be in the “family way”? We’d love to help you on your parenthood path. Contact us LGBTQ+-friendly CHA Law Group to schedule an appointment to make sure all of your legal i’s are dotted and t’s are crossed.

  • Single Mothers by Choice in Texas

    I’m a straight single woman and I’m about to have a sperm bank baby—should I be doing anything legally to prepare for single parenthood?

    Congratulations! This is most exciting. Have you read the book Knock Yourself Up: A Tell-All Guide to Becoming a Single Mom? If not, you should.

    As reproductive technology and techniques advance along with our culture, Austin-based family lawyer Christine Andresen has seen a wide variety of single mamas doing it on their own. CHA Law Group has helped single women pursuing parenthood from all different angles:
    • Foster-to-Adopt (or CPS) Adoption
    • International Adoption
    • Sperm Bank Insemination
    • Known Donor Insemination
    • Donor Sperm + Client = Embryo IVF
    • Donor Embryo IVF
    • And, one of our favorites: our client had an embryo made with her egg and a donor sperm, then the embryo was implanted into her sister’s uterus through IVF, her sister carried the pregnancy, and then our client obtained a pre-birth parentage order for the baby. True story!

    Single Mothers by Choice in Central Texas Can Protect Their Families With Smart Legal Planning

    There are a few things we ask our single moms by choice to think about in preparation for becoming a parent. Some are just the normal, kind of boring “adult” rites of passage like making a will. Others are really important to do for the unlikely event that something happens to you so you’ll still get a say in who takes care of your child. See our Wills / Estate Planning page for more information on the documents we recommend—the most important for any single parent being the final document on the list, the Appointment of Guardian for your child.

    Other CHA Law Group information that might be useful to single women thinking about, trying to, or actually in the process of becoming mothers:

    Gestational Agreements in Texas
    Egg Donation Agreements in Texas
    Sperm Donation Agreements in Texas
    Embryo Donation Agreements in Texas

    Did you take your life into your own hands and start a family? We’d love to help you on your mommy path. Contact us to schedule an appointment to make sure you and your little peapod are protected in all eventualities.

Testimonials

I am a single gay man who became a dad through surrogacy. Christine helped me evaluate my surrogate from a legal perspective, established a plan and a backup plan, produced a coherent contract, and saw things through to completion. It felt great when at the end of the road Christine called me on Skype so I could appear (barefoot in my pajama bottoms) with my twins in New York before a judge in Texas so he could conclude my case by saying, “Those girls are yours for ever and ever.”

Rabbi Joel Alter

I am happy I found Christine and her staff. I unexpectedly found myself in need of an adoption lawyer a few years ago. It was a whirlwind of excitement, fear and uncertainty. I was a soon to be single Gay Father adopting a newborn child in the very conservative Panhandle of Texas. Christine and her staff put my fears aside and did everything they could to make the adoption as smooth as possible. Her experience dealing with LGBTQ families and adoptions put me at ease and made the entire process smooth as could be expected. I would recommend Christine to anyone adopting! Oh yeah, and she didn’t charge me an arm and a leg either!

Chad B. Yokum

Christine and her staff were knowledgeable, professional, and so easy to work with.  They are well connected in the legal community here in Austin, which made working through our issue unbelievably smooth.  The cost for service was very reasonable. I highly recommend them if you have any of the issues described on their website!

Sharane Wang

I engaged Ms. Andresen to assist in my petition for name and gender marker change. One of her specializations is LGBT-related issues. She is very thorough in explaining issues, presenting information as well as ramifications answering even peripherally related questions. She is knowledgeable.  She and the people at her practice are thorough, super-punctual and efficient.

Anna Nguyen

Efficient, flexible, affable

I found Christine, Casey, Angie, and all of the staff at CHA to be efficient, flexible, affable, and most importantly not prone to fumbling with LGBTQ issues. When I found myself all tangled up in some very sluggish Texas bureaucracies, I found CHA to be responsive and supportive; they saw me through a few barriers that I likely would not have been able to claw my over by myself. If you’re looking for an office to help you get through your legal name change and correction of gender needs, I think you could ask for no better office to support you.

Andrea Perry

Christine and staff successfully represented me for legal gender correction and name change, at a very reasonable flat fee. Let me describe one small thing that I think exemplifies the kind of person she is—on a Sunday night, after midnight, the night before my planned court date, she emailed me to reassure me that we could go through with the appearance even though my doctor’s office had been recalcitrant in providing supporting documentation. What kind of attorney is emailing her flat fee clients at midnight on the weekend? An amazing one.

Schell Carpenter

“Christine and staff were awesome! Always in touch with me via email or phone calls to update me. Christine makes sure you are fully prepared and confident for court day. If you are seeking a legal name change/gender correction Christine and staff  are the best team.”

Ava Sanchez
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4103 Menchaca Road
Austin, Texas 78704
512.394.4230

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