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 Texas Supreme Court returns custody case between lesbian parent and partner to Dallas District Court for trial

The rights of a lesbian partner to participate in parenting her former partner’s child will be set for trial in the 302^nd Judicial District Court.  After the Texas Supreme Court declined to hear the biological parent’s appeal challenging the partner’s right to sue for access to the child, the Dallas Court of Appeals returned the case to the trial court. 

Kristie Vowels and Tracy Scourfield were a couple for more than four years and decided together to have a child, conceived by Scourfield by artificial insemination.  A year after the child’s birth, the couple broke up and Scourfield moved out of Vowels’ home with the child.  Vowels continued to have contact with the child by agreement on a schedule similar to that of divorced heterosexual parents.  Following a disagreement between Scourfield and Vowels, Scourfield denied Vowels access to the child, resulting in Vowels filing suit for court-ordered access to the child.

A three-judge panel of the Dallas Court of Appeal issued a controversial ruling in December 2009 that Vowels had the right to seek access to the child based on a law that provides a person with the right to sue for such rights after she has had actual care, control and possession of the child for at least 90-days prior to filing the suit.  Vowels’ access by agreement with Scourfield was deemed to be sufficient to meet the requirements of the statute.

Scourfield sought to have the Texas Supreme Court overturn the decision of the Dallas Court of Appeals.  The Texas Supreme Court declined to hear the case on May 28, 2010.  Scourfield had a certain timeframe following the Texas Supreme Court’s denial to request reconsideration of that ruling.  Because she did not, the Texas Supreme Court sent the case back to the Dallas Court of Appeals which, in turn, returned the case to the Dallas district court for trial.

“Our fight is not finished, but only beginning,” saidMichelle May O’Neil, Dallas family law attorney representing Vowels.  “We have to return to the district court and show the judge why it is in the best interest of the child that Ms. Vowels have access to the child.”

“I have been waiting for so long just to get someone to listen to why I should be involved in my child’s life,” said Vowels.  “I’m just grateful that, after so long, I will finally be given that chance.”

The trial will be held in front of Judge Tena Callahan, who ruled in October of 2009 that two gay men, legally married in Massachusets in 2006, had the right to seek divorce in a Texas court.  That case remains pending on appeal.

See the original opinion in In Re M.K.S. (pdf version).

See my prior posts Dallas Divorce Lawyer Quoted by Dallas Voice Newspaper and Green Light for Suit for Access to Child by Lesbian Nonparent

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Most people do not have a clue how to find a good lawyer when they need one. In fact, statistics show that 68% of consumers spend two hours or fewer gathering information before selecting a lawyer. The vast majority of consumers report feeling they “can trust” their lawyer is the most important factor in the selection process.

The first step is to determine what type of lawyer you need. In most states, a licensed attorney may practice in any field of law, but most concentrate on very specific areas. Most states also have a process of specialization for attorneys. “In days gone by, most lawyers were general practitioners, meaning that they handled cases in a wide variety of practice areas. As the number of lawyers grew, the law became more complicated, and our society spread out, it has become necessary for lawyers to concentrate their efforts,” says Michelle May O’Neil, a board-certified Dallas divorce lawyer.

One of the best resources to find a lawyer that does the kind of law you need is through other lawyers. Everyone should know at least one lawyer they could call and ask for a referral. Even if the lawyer you know practices criminal law and you need someone to prepare a will, the criminal lawyer will be able to give you some referrals in the practice area you need.

There are also referral lists maintained by most local and state bar associations. The downfall of using these services is that there is usually no screening on the qualifications of the particular lawyer with the individual need. It is then up to the consumer to inquire sufficiently into the lawyer’s experience compared to the need of the consumer.

The internet is an extremely beneficial source of locating a lawyer. Many websites maintain directories of lawyers nationwide. Most law firms these days maintain websites and usually you can find those through any search engine. Often lawyers are active in professional or community organizations which may be featured on a website. “My firm’s website is a key tool in educating clients on what distinguishes my family law firm from another firm in Dallas,” says Dallas Divorce Lawyer Michelle May O’Neil. “I find that most potential new clients read all or part of an attorney’s website before meeting in person.”

For more information, download the article: How to Find a Good Lawyer When You Need One in pdf format.

Also see related information at: On The Case -- How To Choose The Best Divorce Lawyer For You.  This article has a list of questions that you can ask an attorney you interview.

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