With the recent legalization of same-sex marriage nationwide, it is widely anticipated that many such Texas couples will choose to get married. Like heterosexual marriages, some of the same-sex marriages are bound to end in divorce. In fact, the Williams Institute has found that legally recognized same-sex domestic partnerships are dissolved at rates similar to those for heterosexual divorce.
Texas judges presiding over custody cases often must take factors of substance abuse into consideration. Although family courts tend to take a dim view of parents with a history of inappropriate use of intoxicants, the relationship with the parent is considered to be of such importance to the child that it will be preserved whenever possible. So long as the parent can show themselves to be a reasonable and reliable custodian, the impulse of the court will be to trust them with their own child whenever possible. However, this does not mean that the court will not take steps to verify the parent's reliability and to oversee their behavior.