Over the past decade, same-sex marriage and parenting by gay and lesbian individuals have become more common and decreasingly stigmatized. The law regarding child custody decisions involving lesbian and gay parents has also evolved, and parental sexual orientation has become less of an influential factor when determining custody of children.
However, in many states, sexual orientation is still something that a judge can consider in deciding a custody dispute. For a gay or lesbian individual coming out of the closet at the end of a heterosexual partnership, this can mean that he or she could be denied custody of the children or face restrictions on visitation (e.g., being prohibited from living with a same-sex partner while the children are in the home).
At the end of a same-sex relationship that resulted in children, the difficulties that same-sex couples can have in establishing parental rights for both parents can mean that one partner is not recognized as a legal parent by the state and by the court and therefore is not granted custody or visitation.
Court decisions disadvantaging lesbian and gay parents, however, often do not consider important social science research on parenting by gay and lesbian individuals. Such research shows that gay and lesbian individuals are as effective in parenting as heterosexual individuals are: Children raised by gay or lesbian parents are as well-adjusted as their peers raised by heterosexual parents. This research has the potential to have a major impact on how legislatures and courts make decisions regarding custody for gay and lesbian parents.
Haney-Caron and Heilbrun (2014), in a recent article titled "Lesbian and Gay Parents and Determination of Child Custody: The Changing Legal Landscape and Implications for Policy and Practice" (PDF, 99KB)opens in new window that was published in the journal Psychology of Sexual Orientation and Gender Diversity®, reviewed the current law relating to gay and lesbian parents and child custody decisions as well as the research on gay and lesbian parenting.
On the basis of this review, they offered several recommendations:
- For psychologists conducting evaluations for custody disputes involving a gay or lesbian parent, it is important to understand the relevant law and research, ensure that personal biases do not influence the evaluation or conclusions, and consider how the nature of these cases may influence both the evaluation and the information provided to the judge in the case.
- For judges presiding over custody matters, the relevant social science research should help to inform decisions involving families with a lesbian or gay parent.
- For legislators, research should also help to inform lawmaking in this area. Examples might include legislation restricting judges from considering sexual orientation in child custody disputes or legislation making it easier for same-sex couples to establish legal bonds with their children.
By allowing the research to influence legal decision making in this area, society can help ensure that the best interest of the children whose custody is at issue will be served.
Citation:
Haney-Caron, E., & Heilbrun, K. (2014). Lesbian and gay parents and determination of child custody: The changing legal landscape and implications for policy and practice. Psychology of Sexual Orientation and Gender Diversity, 1, 19–29. doi: 10.1037/sgd0000020
For more information on this article, please at contact Emily Haney-Caronopens in new window.
Note: This article is in the Social Psychology & Social Processes topic area. View more articles in the Social Psychology & Social Processes topic area.