Can the custodian being involved in a lesbian or homosexual lifestyle be a basis for transfer of custody?
Maybe. The same basic rules are applied as to a heterosexual relationship. The fact of a homosexual or lesbian lifestyle may be introduced into evidence and is relevant in a custody decision, but it seems that the rule requiring an affect on the child is liberally applied in gay and lesbian custody cases. In one of the appellate court cases dealing with a lesbian relationship, the argument for a change of custody was based on the testimony of a clinical psychologist that the children might be harassed because of the mother’s lesbian relationship. This argument was rejected because there was no actual evidence the children had experienced harassment.
