Home > Faq
The answer to this question depends primarily on the laws in your state, although the biases among judges may also play a role in determining child custody.
Some states judge homosexual parents using the same criteria as with heterosexual parents, taking into consideration how well the parent is able to meet the needs of the child. In such states, a homosexual parent is just as likely to be awarded custody as a heterosexual parent.
However, in other states, sexual orientation holds more weight with regard to child custody -- meaning the court views homosexuality as a detriment to the child’s health and wellbeing. In such states, homosexuality is regarded as not being in the child’s best interests and thus a homosexual parent is less likely to be granted custody.
If you are seeking custody of your child, it may be necessary to obtain the help of an expert witness such as a psychiatrist, psychologist, or other credentialed professional who can attest to your ability to meet the needs of the child. Usually, this requires both parents to undergo several evaluations so that the expert witness can testify to the stability of the home environments as well as each parent’s relationship with the child.
Caught in a custody battle? Please contact us today for a FREE consultation with an experienced and understanding divorce attorney who can help you understand your legal rights and options.