ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Custody

If a parent is homosexual, what impact does that have on custody?

The impact varies dramatically from state to state. Courts in a few states seem more willing to assume harmful impact to a child from a parent's homosexual relationship than from a heterosexual relationship. Courts in other states treat homosexual and heterosexual relationships equally and will not consider the relationship to be a significant factor unless specific harm to the child is shown.