Lesbian and Gay Parents and Determination of Child Custody: The Changing Legal Landscape and Implications for Policy and Practice

Abstract

Child custody assessments are among the most complex kinds of psychological evaluations conducted for the courts. There are standards for best practice associated with such evaluations, but relatively little has been written about how such standards apply to custody evaluations involving lesbian and gay parents. This article describes the current legal context surrounding custody determinations involving 1 lesbian or gay parent and 1 heterosexual parent, and those in which a former same-sex couple has sought a custody determination of children they have coparented. In addition to reviewing the relevant law on how sexual orientation can affect custody and how that law has changed over time, the article has briefly summarized key points from the empirical research evidence on major questions and concerns associated with lesbian and gay parents that arise in custody decision-making: parenting ability, impact on children’s sexual orientations, social stigma confronting children, and children’s general adjustment. The research to date, although limited in some respects, has provided no evidence that lesbian and gay parents differ from heterosexual parents in these areas. Finally, we have highlighted implications for policy and for forensic practice related to custody determinations involving a lesbian or gay parent and forensic psychological evaluations in custody cases. Because there is very little empirical research and few custody cases specifically focused on bisexual parents, this article does not address custody cases involving such parents.