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Mar 02, 2024, 09:50:05 AM

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My spouse is accusing me of being gay. Can someone lose custody of their child for being gay or lesbian even though they're an excellent parent?

My spouse is accusing me of being gay. Can someone lose custody of their child for being gay or lesbian even though they're an excellent parent?

In theory, no. In reality, possibly. Sexual orientation is not supposed to be considered as a factor in determining custody. Judges are expected to put aside personal feelings when they conduct a trial, but they have biases just like everyone else. If a judge has issues with the sexual orientation of a prospective custodial parent it may, in fact, influence his decision. It isn't supposed to work that way, but it can happen.


My ex does not call, visit, or write our child. Is there any legal action I can take to make my ex use his/her visitation time?

My ex does not call, visit, or write our child. Is there any legal action I can take to make my ex use his/her visitation time?

Unfortunately, no, there is no way to force visitation (or a relationship) with an unwilling parent. The courts usually won't bother to even address this issue because there isn't anything they can do either. You may facilitate the relationship to the best of your ability, but there isn't any way to force it if the other parent is uncooperative.


My child hasn't seen the non-custodial parent in over four months. The non-custodial parent now wants to resume visitation. Can I ask for supervised visits?

My child hasn't seen the non-custodial parent in over four months. The non-custodial parent now wants to resume visitation. Can I ask for supervised visits?

You can ask, but you probably won't get it. Four months is generally not a long enough absence to require supervised visitation.


My child's mother voluntarily gave up custody to me some time ago. Now she's back and saying that she's going to file for custody. What are her chances?

My child's mother voluntarily gave up custody to me some time ago. Now she's back and saying that she's going to file for custody. What are her chances?

Anything is possible, but generally her chances to obtain custody now would be slim. Once custody is established it is usually very difficult to change, and the fact that she voluntarily relinquished custody previously won't aid her case.


When a child is born, is the mother automatically the custodial parent?

When a child is born, is the mother automatically the custodial parent?

It depends on the specifics of the situation, but generally the mother is considered to be the de facto custodian of the child if she isn't married and no father is listed on the birth certificate.


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