The Houston Family Law Blog

How Homosexuality Can Impact a Child Custody Case

By Laura Fishman on March 30, 2010 12:05 PM | No TrackBacks
If you're in a same-sex relationship, but have a child from a previous marriage, and you're trying to keep custody of that child, then there's some things you should be aware of with child custody court cases. FindLaw states that some courts see that homosexuality in a household as having a negative effect on the child, but other courts treat homosexual and heterosexual relationships equally and will not consider the relationship to be a significant factor. In Texas, various views on homosexuality exist because Houston is seen as a liberal city in a conservative state. Texas family law attorneys can usually provide information about the specific views of the various state courts when it comes to homosexual relationships.

Unless specific harm to the child is shown through the homosexual relationship, then there's likely to be no problem. A homosexual parent seeking custody should present evidence that the child does not witness sexual contact between the homosexual partners and that the child likes the parent's partner in order to have the strongest case.

The wishes of a child can be an important factor in deciding custody, with both heterosexual and homosexual parents. A child can often express an opinion about who he or she should primarily live with, and as long as the reason is fit, then he or she will often be put with the custody of that parent. So if the child expresses a liking to a homosexual parent and his or her partner, then there's a good chance of a favorable outcome for the homosexual parent.

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