Can the sexual orientation of the parent/parents affect who gets custody of the child?
There is no difference between the parenting skills of homosexual, bisexual or transgender parents and heterosexual parents. Of course there are many misconceptions and falsehoods about homosexual and lesbian parents, a homosexual parent is not considered unfit (simply due to their sexual orientation) as a matter of law. The court considers the best interests of the child when determining custody. The sexual orientation of one or both parents is only considered a factor if there is evidence that his or her same-sex relationship has harmed the child. Absent evidence of harm, sexual orientation does not make a parent unfit and should not affect the courts decision regarding which parent receives custody of the child. Copyright © 2008 FindLaw, a Thomson Reuters business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.
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- Can the sexual orientation of the parent/parents affect who gets custody of the child?
