Child Custody FAQ
Answers to common child custody questions.
What factors do courts take into account when deciding who gets custody of the children?
If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
Are courts more likely to award custody to mothers than to fathers?
Does custody always go to just one parent?
» Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
Is race ever an issue in custody or visitation decisions?
Who determines how much visitation is reasonable and fair?
Is mediation is the best approach to solving disagreements about child custody?
Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
In a number of states, a parent's sexual orientation cannot in and of itself prevent a parent from being given custody of or visitation with his or her child.
As a practical matter, however, lesbian and gay parents -- even in those states -- may be denied custody or visitation. This is because judges, when considering the best interests of the child, may be motivated by their own or community prejudices, and may find reasons other than the lesbian or gay parent's sexual orientation to deny custody or appropriate visitation.
If you are involved in a custody case and are concerned about bias against you because you are gay or lesbian, make sure you consult a lawyer about protecting your rights. You can get attorney referrals from the National Center for Lesbian Rights (www.nclrights.org).
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