Child custody concerns


#1

Dear Becky58,

The court can consider sexual orientation in making a custody decision. However, the court’s decision will be based on what is in the best interests of the child, and look at all of the facts of the case. So, sexual orientation is not the only consideration. If you are the primary caregiver, spend the most time with the child, and can prove to the court that you are a great parent, then you can still have primary custody. Keep in mind that custody is never permanent. It can always be modified based on a substantial change in circumstances. So, if your husband doesn’t know about your sexual orientation now, and finds out even after a custody decision has been made, he can still try to go after custody.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

What are the legal ramifications on child custody (or any other divorce-related issues) if I am in the process of “coming out”? I have not had an affair, and my spouse does not yet know about my newly-realized sexual orientation. Can my spouse use this as a way to gain or limit custody? He is aware that I want out of the marriage but does not fully know why. I need to know if there are any potential ramifications to telling him before we complete the separation and custody agreements?