Legal Question in Family Law in Texas

Re: Child Custody Ruling on Gay Parent

It will depend upon the evidence of the gay relationship. If the individuals are caring and responsible persons who will not hurt the child, the court may consider this an alternative lifestyle that would not be harmful to the child. This would require an enlightened judge willing to follow the spirit and the letter of the law which requires that these cases be decided in the best interests of the child - not upon the basis of the religious beliefs of one of the parents. In this day and age, that would still be asking a lot of the judge where I come from. The only thing you can do is try to present your objections coolly and logically for the court to consider.

Re: Child Custody Ruling on Gay Parent

The gay relationship is only one factor for the court to consider. The fact that one parent is gay, does not alone preclude them from winning custody. The standard is best interest of the court. Since this a jury issue, it will be up to the jury to choose a parent. Every juror brings their own personal biases and believes. The lawyers will try to weed out those with a prejudice against gays.

You mentioned that you are running out of money. Unfortunately, jury trials, particuliary custody fights are expensive. You will need an attorney who will finance the case or work at a reduced rate or pro bono. You may need to look at borrowing funds as well.

Good luck.