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

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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.

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Answered on 6/28/11, 12:21 pm


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