Question:

My wife admitted to me she has been having a gay affair with a woman who lives in another state.

Will the court look down on her homosexual lifestyle when it determines child custody?

Answer:

I am not licensed to practice law in your state so my analysis of your question will focus on using North Carolina law, which is the state in which I am authorized to practice.

In North Carolina, courts use the best interest of the child standard in determining custody.  There was a case involving same sex couples and the interplay of custody. The court had to determine whether the relationship was having an effect on the child, whether good or bad, in determining custody. The mere fact that there was a homosexual relationship is not enough. It must affect the child.

I am unsure what the standard is in your state for child custody and you would need to ask an attorney in your state. Cordell & Cordell has men's divorce lawyers located nationwide.

Please be advised that my answering of this question does not constitute an attorney client relationship. 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.