Legal Question in Family Law in Pennsylvania

Child Custody- One gay parent One Str8

I have a friend who is about to get into an ugly custody case with her inept ex-husband. She fears that he will go into court wanting full custody and using her sexual orientation as his defense for ''Unfit environment''. How strong is that case in the state of Pennsylvania? Shouldn't the case of ''best interest of the child'' also prevail? He has shown behaviors of child neglect when he has the child, but it is her say against his.


Asked on 12/04/08, 7:24 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Child Custody- One gay parent One Str8

It used to be a negative. However, the pendulum has swung. If she's in a stable relationship with anyone its not a negative. That said a lot would depend on the judge.

As to who should be the primary custodial parent of the child is highly fact dependent. One factor that is very important is who currently has custody of the child.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 12/05/08, 9:06 am


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