How does homosexualityeffect a custody case?

UPDATED: Apr 25, 2011

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How does homosexualityeffect a custody case?

I am currently going through divorce in CO. I am also now a lesbian. My soon to be ex does not know that. Will that affect my court proceedings if he knows? Also, how do I tell my ex to stop having inappropriate conversations about our situation with my 10 year old son?

Asked on April 25, 2011 under Family Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, custody of a child is supposed to be determined by a standard known as "the best interests of the child."  There are many factors that go in to determining what that may be.  And although no Judge could legally come out and use your sexual preference as a factor in this day and age (it would be a violation of your rights), you must consider that some judges may let their personal feelings on the matter quietly influence their decision.  So I would confide in your attorney who will hopefully know how to handle it through the court system and I think that there may be no need for you to make that public at this point in time, no more than your ex would have to make it public if he were seeing someone, etc. As for what your ex is saying to your son, that is an issue that needs to be addressed with the court.  That behaviour is generally not acceptable and can influence custody negatively for him.  Again, discuss it with your attorney.  Good luck.  

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