Legal Question in Family Law in Virginia
Homosexual rights.
My girlfriend just had a baby and her baby's daddy is saying that he can take the baby, because of her personals references. Is this possible? Can he do this?
1 Answer from Attorneys
Re: Homosexual rights.
The father can always petition the court for custody but he has to show the court that it is in the best interest of the child to live with him and not her. This is not an easy hurdle to leap. Do she (or you for that matter) have a history of violence, drug or alcohol problem? Has there been any neglect, abuse, etc? Your post mentions homesexuality, this can be an issue. If he can show that the homesexual relationship is detrimental to the child then she could have a difficult case. Basically a custody case boils down to the judge. The judge has great discretion to decide what is in the best interest of the child. The presentation of the case if vitally important! You must show that your relationship has absolutely no detrimental impact on the child.
Give me a call if I have not answered your question. My MD office is 301-652-0663, my VA office is 703-968-3974. Good luck to the two of you.