chevron-down Created with Sketch Beta.
March 18, 2013

Child Custody and Support

Deciding Factors in Awarding Child Custody

Can gay parents be awarded custody?

The impact of a parent’s homosexual relationships on custody decisions varies dramatically from state to state. Courts in many states are more willing to assume harmful impact to a child from a parent’s homosexual relationship than from a heterosexual relationship. On the other hand, some states treat homosexual and heterosexual relationships equally and will not consider the relationship to be a significant factor unless specific harm to the child is shown.

A homosexual parent (or a heterosexual parent) seeking custody will have a stronger case if he or she presents evidence that the child does not witness sexual contact between the partners and that the child likes the parent’s partner.

>>What are the main child custody options?
>>Are mothers or fathers more likely to be awarded custody?
>>Is the child’s preference for one parent or another considered?
>>What happens when one parent tries to undermine the child’s relationship with other parent?
>>What if a parent is having nonmarital sexual relations?
>>Can gay parents be awarded custody?

Practical Law Home | Child Custody & Support Home | *Deciding Factors in Awarding Child Custody*
Issues Surrounding Visitation | Setting Guidelines for Child Support
Adjusting Child Custody Arrangements or the Amount of Child Support