Legal Question in Family Law in Texas

Child Custody, Same Sex Relationships, and School Districts

Does homosexuality matter concerning child custody in Texas? If so, how much consideration is given a heterosexual vs. homosexual parent when it comes to changing primary custody? What about educational standards in differing school districts? What weight is given to that concern?


Asked on 8/09/99, 2:43 pm

1 Answer from Attorneys

Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: Child Custody, Same Sex Relationships, and School Districts

As you may know, the standard is what is in the

"best interest of the child," a very subjective

standard. The factors, sexual preference and school

district, are two factors of many that would be

involved in determining the "best interest of the

child." The weight will vary according to the other

factors in your case and will also vary from court

to court. In my opinion, sexual preference was more

heavily weighted a few years ago, but it depends.

Schools always play a role, but less so if the schools

are close in education level. Sorry, I cannot tell

you definitively how these factors affect a case, but

it is an impossible question to answer with certainty.

Read more
Answered on 8/16/99, 2:33 pm


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