Legal Question in Family Law in Maryland

Re: Child Custody guidelines for homosexual parents in state of maryland

This really is not the sort of case you should

try handling on your own. The fact is that the

court could decide that your relationship is not all

healthy one from the child's perspective and you want

to make sure that the Court knows of your husband's

problems and of all the reasons why your relationship

is not only not harmful but potentially beneficial.

This is all going to take a lot of work and you really, really should

seek legal counsel for this case.

Good luck to you.

Re: Child Custody guidelines for homosexual parents in state of maryland

Hire an attorney......

The Court must follow the best interests of the child rules. If it can be shown that you having a homosexual relationship is against the best interests of the

children, the Court could deny you custody. Furthermore, this will all depend on the ability of the other party to prove that they are a fit and proper parent, and

that it is in the best interests of the children to live with him.

Because he is violent (I assume from the exparte, protective order) and he deserted you and your daughter, he is going to have a long road to prove that it is in the

best interests of the child to live with him, however he is right that he can fight you having custody because of your admitted homosexuality.

Like I said, the Court must do what is in the best interests of the child. Not what is in your or your ex's best interest.

As stated earlier, hire an attorney due to the compelxity of this matter.

Re: Child Custody guidelines for homosexual parents in state of maryland

While some judges in Maryland have demonstrated a clear bias against children being raised in gay and lesbian households, the appellate courts have been very clear that the fact that a parent is in a gay or lesbian relationship is not a reason to deny custody to that parent unless there is convincing evidence that the particular relationship is causing harm to to the child. An award of custody is always supposed to be based on the "best interest of the child," which is sometimes very difficult to determine. The court will weigh all of the evidence, and if your child is thriving in your care, where she has always been, you should not lose custody because of your relationship. Any sexual relationship, gay or straight, may be harmful to a child if it includes behavior in the presence of the child which is inappropriate. If the sexual partners behave in an appropriate way with the child and for the child, it should not be an issue. But do keep in mind that judges come to the bench with the same biases that are common in the rest of society, and sometimes those biases will have an effect on their decisions. If you are going to have a battle in court about custody, find a good and sympathetic lawyer.