Homophobia in Child Custody Cases

March 14, 2010 ChildCustodyHelp No comments

Lesbianism is an evil that the offence of murder. Cassey Ward was clearly made rationalisation by judge removed 12 of custody of her Lesbian mother and place in the custody of his biological father, who was found guilty of having killed his first wife in 1974. When Mary Ward attempted to appeal the case, the Court denied his appeal, say “had custody decision is based on best interest of the child, his step sexual mother. advocate of “second the the New York Times, judge removed custody of his mother Cassey explains his decision to “saying, wanted to give the child the possibility of living in a ‘nonlesbian”Mary said the former marito-aveva known years of his sexual orientation, but didn ‘ t seek custody that Mary has asked for an increase in support of the child.” In an article in detail the struggles of parents gay, ALISA Solomon observed: “Just knows employers refuse jobs for people of color or women without getting schiaffeggiato with combinations of discrimination, a judge may say that a parent sexual orientation has no marks of bearings and even a homophobic decision. ”

About a third of all lesbian women have children from previous heterosexual marriages, artificial insemination or other means. Most gay custody cases involve lesbian mothers where fitness as a parent is contested by the biological father of the child. The case of Sharon Bottoms are in the public concerned in the 1990s is unusual because the sued for custody of his young son Tyler Sharon was the mother of Sharon, Kay Bottoms. Sharon homosexuality “Disgust”was cited Kay Bottoms for custody Tyler reason”. The judge has apparently shared that disgust, act in “lifestyle the Sharon him an unfit mother. by specifying its “lifestyle “malgré “as the determining factor, j. has denied that his decision was based on homosexuality Sharon.” After three years in court, Sharon Bottoms abandoned the fight for custody of Tyler. The five-year-old boy was placed in the custody of her grandmother and was allowed to visit Sharon twice a month. The natural father boy had little involvement in the life of the Tyler and was not interested in pre-trial detention. He has been cited as saying that he believed should be that Sharon retained custody of the children.

The family heterosexual nuclear consisting of husband, wife and child, is always considered as morally superior and normal social drives many people in the United States. Still a survey conducted in 1990 showed that the nine per cent of households in America took a personal full-time and that only 25 % of all American families “qualify as heterosexual nuclear families. “in his book reinvent family, Laura Benkov States: “Lesbians challenge and homosexuals? ” “family values ‘ rhetoric by expanding the definition of family stressing the relational aspects such as love and commitment to any particular family structure.” “However, many don of the family court judges ‘ t recognize same-sex relationships as family units or recognize the commitment involved.” In his essay examines the legal aspects of the lesbian parenting, Rhonda Rivera said that judges “Most are approximately fifty white and male,

An obstacle encountered by Lesbian mothers is homosexual life public perception. Written legal expert on Julie Shapiro, “Many persons, including many judges receive homosexuals as exclusively sexual beings while heterosexual people are regarded as persons who, with many other activities in their life, the ability to engage in sex. view “cette of gay men and lesbians as creatures purely sexual means child custody decisions often rely on the perception of the gay father as selfish, unethical or criminal judge. The fact that sodomy laws are still on the books in many countries is often used against gay parents. Even if these laws are outdated and rarely used against heterosexual, they are often used to separate the children of gay parents. In his study of ethics of company law, Richard Mohr says, “It would the rare judge that has ignored the importation of regular laws as violations… equals a view of the poor moral character. “Barret and Robinson, author of a book on gay fathers are critical of the judges who use this tactic to remove a child from a gay internal: “When courts allow prejudices and concerns about the sexual mores to overwhelm other items of evidence in a case of custody, they wander from determining the best interests of the child. ” ” ”

Bowers v. Hardwick, a case the Court Supreme States United in 1986 “involving the arrest of a gay man in his bedroom, “a review the criminal status of certain sexual acts. The decision was that of individual countries would allow to keep sodomy laws and that nobody can question these privacy laws “based federal constitutional doctrines. “States Rivera, “The would clearly have five judges of the Court in the land have a language significant aversion to homosexuality and appropriate [that] sexual practices that they dislike not in their protection of the right to privacy guaranteed mandate. ” ” ”

What does this mean for cases of child care? The decision allows judges to the child custody disputes to use the laws of the State criminalise sexual behaviour as a basis for denying custody to a gay father. For example, if a lesbian mother appeal a decision granting custody to his ex-marito and new wife, the judge may use its criminal – behavior in other words, the fact that it involved sex oral – deny your appeal, ignoring the fact that heterosexual custodians are equally likely that practice oral sex in their home.

Play the role of de facto search allows a judge to make decisions based largely on its distortions. State of Missouri, “expert tests are not binding on the sampler of fact, the judge. “in other words, if a psychologist is introduced in to testify that a lesbian mother is suitable to to be a parent, the judge may choose to disregard this testimony and denying custody to the mother.” Rivera says this “the standard applied legal in cases of custody is very broad and imprecise. “in the initial decision of custody, the judge should consider “the best interests of the child, “, including a review of the moral environment House “the. “judge has the power to decide on what grounds of “best, “as well as that which constitutes a moral environment.” ”

In 1987, lesbian mothers has won 15 % of the battles of custody – a significant increase of the less than 1 % in 1970. Attention received support support lesbians involved in custody disputes. For example, Sharon Bottoms “fight for custody of her child was represented in a fatto-per-TV called “Two Zachary film mothers.” parents gay “mais still suffer discrimination in courts across the United States. Even when a lesbian is granted custody, usually because the other party has been demonstrated to be a parent unfit, custody is subject. In order to keep custody of the children, lesbians and gay men are often necessary to live alone, rather than with a partner, to refrain from show affection to anyone facing against the child sex or to bring the child to contact with the parent homosexual relations. It is true that “limits on sexual intimacy opened before the children” are also imposed heterosexual couples. ” Note, however, that behaviour of the Rivera courts inappropriate between homosexual couples idea includes hands holding or kisses on the cheek.

Also, the decisions of custody are never final second to the Rivera. Also that the child is a minor, “the noncustodian can attack the original decision. To change the guard, must demonstrate a noncustodian… This change of circumstances ‘a “has occurred that affects the child and… that a change of custody would be better to the interests of the child.’ ‘in” if not, there is no change in the circumstances, the ‘best ‘ argument is not set. “” States de Rivera, “Parents that are gay exist in the shadows of a guillotine that remains until the 18th birthday of their children. At any time during this period, the blade may fail and cut the parent-child relationship. Benkov said that heterosexual mothers lesbian mothers who have custody of the children are less likely to continue the baby, for fear of oscillation of the ship. In 1996, Diana Muldanado ex-marito towards its thousands of dollars in support of the child; instead of pay, quoted sued for custody to her lesbianism and won.

Obsolete sodomy laws and stereotyped perceptions of gay men and lesbians are still gay plague of custody. The real losers in these battles are children, whose lives are disrupted and modified through the transfer of custody. When asked why you decided to continue the fight for custody of his son, Sharon Bottoms simply said, now, the “He’s school and needs stability. “columnist Michael Willhoite of the lawyer has the last word on the custody of the children: indisputable knowledge “I as children belong to those who love and treat them well… ” “We can ‘ t issues licences for fatherhood and motherhood.” But one thing we can do, and this is to ensure that the available pool of loving parents is a big – and those that are equal to the task can jump in full. ”