Can I Be Denied Custody Rights If I Am Gay or Lesbian?

 Posted on September 11, 2024 in Child Custody

Across the nation, there are now millions of lesbian and gay parents who share custody of their children with an ex. Since many of these individuals became parents in the context of a prior heterosexual relationship or marriage, the other parent in a child custody dispute involving a lesbian or gay parent is likely to be heterosexual. While most states do not permit courts to discriminate based on sexual orientation, it can remain daunting to overcome stereotypes during a custody dispute.

Yet despite enormous progress over the past 40 years, lesbian and gay parents may still face subtle discrimination when custody and visitation are being determined. If you are facing an issue regarding child custody and your sexual orientation, you need a strong Arlington Heights, IL child custody lawyer who will show why it is in your child’s best interests for you to have primary custody.  

If I Have Primary Custody, Could I Lose That if I Come Out as Gay?

If you have already been granted primary custody of your child while your ex has visitation rights, what if you later come out as gay? Could you lose custody if your ex finds your lifestyle objectionable? Of course, this is a very scary proposition, but the flip side of this is that if your child is young, are you prepared to be less than honest about who you are until the child is grown?

You will not lose custody because of your sexual orientation alone, particularly if your child is healthy and happy in your care up to this point. Family courts generally use a child-centered approach, considering a wide range of factors when determining a child's best interests. If your live-in partner is a threat to your child, that could affect the outcome of a custody case, regardless of your sexuality.

Making assumptions about live-in partners – whether those partners are the same or opposite sex - is something family courts try to avoid. The stability of the child is the primary concern, so if you live with a same-sex partner or your partner spends the night sometimes, the court will focus on how you are handling the relationship and whether the child is negatively impacted.

Is It Difficult to Lose Custody of a Child?

If you were granted primary custody during the allocation of parental responsibilities, and everything has gone well, it is unlikely you would later lose custody. Losing custody of your child requires that you are proven as an unfit parent, which would involve one of the following issues: 

• The child was abandoned.

• One parent has a severe mental illness that prevents them from properly caring for the child.

• A parent has an addiction to drugs or alcohol.

• The child has drugs in his or her system.

• There have been repeated incidents of child neglect.

• One parent has a felony conviction for a major crime like murder or sexual assault.

• There have been repeated incidents of extreme cruelty to the child.

Contact a Rolling Meadows, IL Child Custody Lawyer to Schedule a Free Consultation

If you are concerned about an upcoming custody decision or your ex is taking you back to court to remove your custody rights because of your sexual orientation, you need highly experienced legal representation. When you have an Arlington Heights, IL child custody lawyer from the Law Offices of Donald J. Cosley by your side, advocating on your behalf, a positive outcome is much more likely. Attorney Don Cosley personally handles all aspects of his cases; when you call with questions, you will never be passed off to a paralegal or other staff member. Contact the Law Offices of Donald J. Cosley at 847-253-3100 to schedule your free consultation.