Legal Question in Family Law in Michigan

Full Custody because of a gay parent

A husband and his wife are in the middle of a Divorce and the husband is trying to get full custody of their child because the wife is gay and he doesn't want the child to grow up around it, is he able to do this?


Asked on 4/15/05, 10:05 pm

2 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

Re: Full Custody because of a gay parent

On just these facts it is hard to say. Depends on all facts and the judge (i hate to say). I need much more information. For my thoughts, please contact my office at (248)851-3171.

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Answered on 4/18/05, 11:19 am
William Stern William Stern, P.C.

Re: Full Custody because of a gay parent

There is no clear cut answer on this. It depends upon the judge and his or her attitudes. The lawyer for the gay person should focus on people who are outwardly gay who have adopted children and have well rounded children. It probably would need the input of psychological experts who would focus upon how other manifestations of behavior determine a healthy psych for a child rather than the sexual preferences of the mother. For example, it probably poses much greater harm for a child to be exposed to promiscuity than a homosexual relationship in a steady relationship. The hetero parent would focus on if the child was exposed to a couple living together and never marrying may pose a risk of psychological damage rather than a hetero couple who are married. It is a very difficult area. From my experience, if the hetero man was truely acting in the best interests of the child or children, he would accept the fact that his ex is gay and nothing is going to change that. The best thing would be to expose the child to healthy relationships, whatever the proclivities of the people involved, and work out a shared custody arrangement. It is not as if the child is not going to know the mother is gay and see that relationship, so make it work by showing the child how to be a psychologically healthy person. William S. Stern 248-353-9400

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Answered on 4/16/05, 8:41 am


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