Read This First. Typically, these states coincide with a judicial mentality that a homosexual parent is less fit than a heterosexual parent, no matter the faults of the heterosexual parent. Judges can hide behind the ambiguous "moral fitness" factor that is used by many states as one of the " best interest of the children " factors considered when determining child custody. In addition to consulting a qualified family law attorney, the following resources can help you negotiate and create a succesful parenting agreement. Help us tell more of the stories that matter from voices that too often remain unheard. Real Voices. Lesbian and gay parents are truly forging new territory -- which is fine when you are in the mood to be a revolutionary, but not necessarily so when all you want to do is spend the day with your child.
In some states, the information on this website may be considered a lawyer referral service.
If not, you will have to explore more personal approaches, such as mediation or counseling with your former partner. Child Custody Issues. However, as a practical matter, it could make your divorce more difficult depending on where you live.
A number of states have upheld rulings that judges cannot consider the sexual preferences of a parent in determining custody unless there is clear, convincing evidence that there will be some harm brought to the child, or some type of adverse affect on the child.