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The nexus test is a test that a family law judge uses in divorce and custody/visitation cases when one of the parents of the child(ren) of the marriage is a homosexual. The nexus text is one of many factors used to determine “the best interests” of the children regarding who they should live with and be raised by after their parents divorce.
A Causal Link
The word “nexus” is defined as “a connection or link,” or “a causal link.” The word is from the Latin nectere, “to bind.” When a court is using the nexus text, a parent’s homosexuality will be held against him or her only if there is a clear nexus between that parent’s homosexuality and any harmful effects it may have on the child. There has to be evidence and proof that the parent’s homosexuality would demonstrably harm the child in order for the homosexuality to be used as a factor for denying or limiting custody and visitation.
Nexus Test vs. Other Approaches
It used to be common for family courts to deny custody or visitation to a homosexual parent on the “per se” ground that a parent’s homosexuality would automatically harm the child in one or more ways. The “per se” approach deems a homosexual an unfit parent as a matter of law.
A “middle ground” approach presumed that a child may be harmed by living with a parent who has been or is involved in a homosexual relationship. The nexus test is a more stringent, stricter approach that does not presume that a person’s homosexuality is harmful to his or her child.
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