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Are Texas homosexuals treated unfairly in child custody cases?

On Behalf of | Apr 24, 2014 | Child Custody |

Child custody is a bitter battle to fight under any circumstances. Nobody wants to argue with their spouse in an effort to prove to the courts which parent is better for the child’s future. More importantly, nobody wants to be told by a judge that they have been deemed an unfit parent and that they will rarely get to see their child or children. Unfortunately for homosexual parents, this is not just a possibility, but a likelihood.

While some homosexuals choose a same-sex relationship and adopt children, some homosexuals choose a heterosexual relationship in an effort to hide their sexuality for fear of negative social repercussions. These marriages often result in children, but in the event that the parents get divorced, history has shown that courts show an extreme bias toward the heterosexual parent when it comes to child custody. However, multiple studies have proved that a parent’s sexuality has little to no effect on a child’s upbringing.

An example of how this bias is so severe is that a homosexual father in Mississippi who was denied custody of his son back in 1999, despite reports that the boy’s stepfather had threatened him with death. The court apparently believed that, regardless of how violent the straight household may be, it was still better than a homosexual household.

Regardless of your sexual preferences, all people deserve equal treatment under the law. Sodomy laws essentially criminalize homosexual individuals, but they are unconstitutional, and public opinion is shifting all across the country. Until all of Texas becomes more accepting of homosexuals, it is up to the attorneys in our State to defend the legal rights of homosexual individuals and ensure that they are not discriminated against. Your sexuality doesn’t make you a less deserving parent, and a Texas attorney well-versed in family law may be able to prove it to the courts.

Source: The Guardian, “For gay and lesbian parents, equality is a myth when it comes to custody cases,” Steven W. Trasher, April 21, 2014