Child Custody and Visitation: The Rights of Lesbian and Gay Parents

Abstract

This article examines the custodial and visitation rights of gay and lesbian parents and the standards that courts use to determine these rights. I discuss the best-interestof-the-child standard that is used by courts when deciding custody and visitation matters and then focus on two approaches courts use in applying this standard to custody disputes involving a lesbian or gay parent. The first approach asks, "What is the nexus between the parental behavior or behaviors of concern and how is the child affected by the parent's behavior?" This approach is concerned with a parent's sexual orientation only to the extent that it has a deleterious effect on the child. The second approach assumes that homosexuality, by itself, is a sufficient basis for denying custody.