Legal Question in Family Law in North Carolina

Yes and no. Sexual orientation, in and of itself, is not a basis for determining child custody. Child custody is based solely on "the best interest of the child." That means everything and anything which affects the child morally, physically or spiritually.

Your friend is free to have her relationship, but if her ex-husband learns of it, he may move to modify the custody terms on the grounds that the relationship is having a negative effect on the child's well-being. The court could exclude the lady friend from being around the child. It will all depend on where your friend lives and what kind of judge will hear the case. If it is in some parts of North Carolina or Georgia where you get an old fashioned judge, a homo-sexual relationship will not go over well. It also depends on the age of the child. Are we talking about a 2 year old or a 17 year old or something in between. From your friend's fears, it sounds like her ex-husband would not take kindly to the relationship.

My advice is to let your friend pursue her relationship if that is what makes her happy, but she has to be aware of the consequences. However, I would avoid having the lady, at this early stage being around the child. I also would not take the child to lesbian outings at this or try to indoctrinate the child regarding the homosexual life. It is not because I am anti-gay. However, I understand all too well the mindset of the opposition and the child's father will attempt to use this information against your friend. There is no sense in your friend giving him ammo he can use against her.