Gay Parent's Claim for Custody

Custody of children for gay men is a matter often colored by discrimination, prejudice and ill feelings due to the nature of the relationship that may stop a child’s best interests in living with the two fathers. Understanding how these cases progress is important so that the best-fit parents have custody of the child even when the courts do not like it.

In usual circumstances, a larger city may provide better benefits for custody to children with gay men in a relationship. The partnership between two men with a lasting and enduring relationship may prove more reliable than a woman with several boyfriends and no single connection. This may demonstrate to a child a negative aspect of love and romance. However, smaller towns and states with discriminatory practices may challenge the custody of two men rather than a single woman or a mother with negative circumstances. These complications may prevent gay men from acquiring custody of biological and adoptive children alike.

The Heterosexual Parent

When the challenges of raising a child in a homosexual household become difficult in the courtroom, the heterosexual parent may receive full or sole custody of the child by default. The mother or surviving family of the deceased mother may have a fair chance of succeeding in a custody battle with the biological father when he is in a homosexual relationship. However, determining custody in these matters may rely on a blood connection or the assumed father of the young person. If the mother is still alive and fights for custody, the courts have a responsibility of determining who is the better fit for the youth’s life.

The Judicial Response

The best interests of the child are what the judge will take into account when determining who should acquire or keep custody of any children in a relationship. For a man that helped conceive a child when in a relationship with a woman, he may have an opportunity in custody arrangements when the judicial response takes the interests of the child and all factors into account. By removing discrimination or the negative response of gay men having custody of a young person, it is possible to acquire primary or sole custody. One factor that is important in determining these decisions involves parental rights of the father.

When the biological father has involvement and a connection with the child of the previous relationship, he may have a greater hold on custody than the mother that does not. The bond of the parent is important. The well-being through the environment, nurturing atmosphere and every possible support is more important in some courts in determining which parent receives primary or sole custody of a child. Even if one state may strip the father of his parental rights, another state may reinstate these and grant custody if it is in the best interests of the child with all other factors included.

Evaluating the Individual Parents

While discrimination throughout the United States still exists, the courts have a more liberal approach in certain states. This provides a means to evaluate each parent individually without regard to sexual orientation or sex. Neither mother or father has priority in these locations, and the best fit for the child is who will have primary or sole custody. If the parents are in agreement, it is possible to seek joint custody between them both. To determine custody when there is no general accord, the state court will check the background, monetary status, home environment and each factor of the mother and father. When the gay father proves to have better circumstances, the courts may grant custody over the mother.

Through centering the case around the child, his or her best interests and evidence in the approach for the determination, the courts may judge the gay father to have a better home environment to nurture and raise a young person. Many courts will reject the discriminatory practices that keep gay men from custody arrangements and will look upon the sexual conduct of the individual if it may cause a negative impact on the youth. Otherwise, these matters are irrelevant to the case.

Gay Men Seeking Custody May Benefit from Using a Lawyer

When proceeding through a custody battle with the mother, the gay man will need a lawyer to help increase his chances of possible sole or primary custody. When in a state that does practice discriminatory practices, the lawyer may remain the only way to retain parental rights for biological children from a gay father.

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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case.

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