How is custody determined in a same-sex relationship?
Custody is always a determination by a Court of the best interests of the children. It does not matter whether it is a same-sex or heterosexual relationship. Therefore, the same criteria used for children of a heterosexual relationship will be applied for a same-sex relationship. Pennsylvania now has case law where children of a same-sex couple who were the biological children of one of them, were awarded to the non-biological parent because that parent fulfilled the needs of the children better than the biological same-sex parent.
