Can Your Ex’s Homosexual Orientation Affect Child Custody?

 If your ex is homosexual, this may influence your divorce. A court certainly cannot discriminate against your ex based on sexual preference, but the irregular state laws may complicate your child custody agreement.

The custody agreement is largely dependent on where you are getting divorced. Some states do not permit judges to consider sexual orientation when determining custody unless there is evidence that the spouse could bring harm to the child. For non-recognition states, however, judges will determine custody based on what is said to be best for the children. The definition of what is best for them is really according to the individual judge, which may be influenced by their personal beliefs on sexual orientation. Having a homosexual parent can be an additional shock for the child. A judge may therefore feel that this may make the homosexual parent less suitable for raising the child.

You do not need to worry as much if you live in New York, however. New York State treats heterosexual and homosexual relationships equally when it comes to child custody. A homosexual parent will be considered in the same way for child custody.

Source: The Huffington Post