A Parent’s Sexual Identity (Or Preference) Does Not Affect Child Custody

In New York State, a parent’s sexual identity or sexual preference will normally have no impact on the court’s determination in a child custody dispute.

The Court will remain neutral regarding a person’s sexual identity or sexual preference and should not take this fact into account when deciding custody. 

As with any custody determination, the court’s focus will be what is “in the best interest of the children.”  Indeed, it may be improper to even bring up a person’s sexual identity or sexual preference, as there is an element of privacy.  It would also be improper to attempt to show that the parent’s sexual identity or preference is somehow harmful to the child.

It also will not matter if a parent’s sexual identity or sexual preference was exhibited after the child’s birth.

If you have a legal question regarding child custody, please contact David Badanes and the Badanes Law Office, P.C.  David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport and Uniondale.

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