Legal Question in Family Law in Arizona
What does Arizona law say about a gay parents rights in a divorce? My friend is divorcing her husband, and is worried about losing custody of her kids because she is gay and her soon-to-be ex says he's going to take the kids from her. Is this at all possible in this day and age? She's not unfit by any stretch, just gay. Thank you
2 Answers from Attorneys
A parent's sexual orientation, in and of itself, would not be grounds for a court to give primary custody to the other parent. There are several statutory factors the court must take into consideration to determine the child's best interests. I recommend your friend speak with an attorney who can discuss these factors with her and help her to determine her options and her best course of action.
The Court's obligation is to determine what custody and parenting time will serve the best interests of the minor children. There of course wil be excellent gay parents and awful gay parents, just as there are excellent straight parents and awful straight parents.
We can certainly help her consider and then pursue her options for custody. This is obviously a very important matter, and she should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss the matter in detail.
Please have her call us directly to discuss the specifics of her matter, or contact my assistant Gina or my paralegal Jennifer to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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