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Researchers feel that courts are biased in same-sex divorce cases

Marriage laws have changed significantly during the past decade. with several states accepting same-sex marriages. There are those who feel that much more needs to be done in relation to same-sex divorce and child custody. California readers of this blog may be interested in research done by a professor and some of his colleagues at a university in another state. They have recently reviewed research that is currently available relating to this subject, along with current laws. It is felt that the courts are biased when they make decisions about gay parents and child custody matters.

Because same-sex marriages have found more acceptance in society and courts, more such couples exist openly, and more children form part of same-sex families. No social scientific studies have been presented to prove that heterosexual couples are better parents than same-sex parents. When people were previously in heterosexual marriages and then commit to a same-sex marriage later, there is no one standard way for courts to treat child custody.

In cases where heterosexual couples file for divorce because one partner has come out as gay or lesbian, the courts are currently perceived to be biased against the parent who is gay or lesbian. The professor and his group of researchers believe that urgent attention should be given to this matter, as children's true best interests are not being considered without bias against a gay parent. They suggest that courts should be restricted from making decisions that are based on the sexual orientation of the parties.

Knowledge and understanding of such research may assist courts to make informed decisions when an entire family stands to be affected. Until such time as the relevant laws have been adjusted, individuals in California who are hampered by disputes relating to same-sex divorce and child custody may want to be sure they fully understand current state laws applicable to the subject. This can help them ensure that their rights are fully protected.

Source:, "LGBT Parents' Custody Battles Are Rife With Heterosexual Bias In The Courts", Justin Caba, April 15, 2014

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