My soon to be ex-wife is a lesbian. Should I be awarded custody?
Similarly, at one time this alone would have been enough to automatically deny custody and visitation. In many states, a homosexual relationship or orientation is still enough to deny a parent custody, but the trend in other states is to ignore the sexual orientation of a parent unless there is a demonstrated adverse effect on the child(ren) and the child(ren)‘s welfare. If a child is made uncomfortable by the new relationship, beyond the normal discomfort present in a divorce or separation, a court may scrutinize the parent’s sexual orientation at which point may become a very influential factor.
A judge may not state that the parent’s homosexuality is the sole factor for the denial of custody but, rather, may phrase it in terms of the "best interests of the child" standard. Some judges believe that exposing a child to a homosexual relationship is in itself harmful because they believe that homosexuals are inherently immoral, or that they tend to be more sexually promiscuous than heterosexuals, or that a child will be influenced to become a homosexual. The judge may state that they are worried that placing a child with a homosexual parent would expose that child to prejudice from the community at large because of the stigma still supposedly attached to homosexuality. Certain judges apparently believe that a child in the custody of a homosexual parent would be ripe for ridicule on the playground.
If you are the parent in the homosexual relationship, you should be prepared to demonstrate and reinforce that you are a fine, upstanding citizen in all respects.