Homosexual Relationships
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.
Guide to Family Law
Copyright © 1996, 2000 American Bar Association
