Legal Question in Family Law in Virginia

Re: Sexual preference in a custody case

It depends on what you mean by sexual preference. I'll assume that you are referring to homosexuality. Homosexuality does not constitute parental unfitness per se but it can render a parent an unfit custodian, according to the court, if the circumstances are such as to have an adverse impact on the children. A Virginia Supreme Court decision comes to mind. In Roe v. Roe the court shifted custody of a nine year old daughter from her father to her mother bcause of the father's active homosexual relationship in the same residence as the child. Whether or not this case would be applicable to the facts of your case is unclear from your post. If you need to discuss, please feel free to call my office at 301-652-0663 or 703-598-9220.