Legal Question in Family Law in California
can a father take custode of his child if the mother is in a gay relationship?
Asked on 6/28/11, 11:37 am
2 Answers from Attorneys
BARRY BESSER
LAW OFFICES OF BARRY I. BESSER
A gay relationship in and of itself is not the only determining factor. A court will look at the totality of the circumstances to determine what is in the best interest of the child.
BARRY BESSER
www.besserlaw.com
Answered on 6/28/11, 12:16 pm
Not without a court order, and it would have to be based on something other than the relationship being same-sex. Same-sex relationships are treated exactly the same as separate sex relationships in custody cases. It is grounds to have a custody order overturned on appeal if the judge bases it on the fact that one of the parents is in a same-sex relationship.
Answered on 6/28/11, 12:21 pm