Legal Question in Family Law in New Jersey

A woman has primary custody of her children, and is currently separated from her husband. They reside in state of New Jersey. They are both dating other people. However, the woman recently started dating another woman. Her husband is filing for sole custody of the children because of her same sex relationship. In New Jersey, will a same sex relationship cause her husband to be granted sole custody of the children?

Asked on 6/22/13, 12:35 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

All custody determinations are made "in the best interests of the children". Sexual preference of a parent should not be a factor.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you should contact a Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

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Answered on 6/22/13, 12:58 pm


It is NOT automatic by any means. It depends on what is in the best interests of the children.

There are many factors to be considered.

Call to talk about it at no charge.

215-370-2608 is web site

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Answered on 6/22/13, 1:38 pm
Robert Davies The Davies Law Firm, P.A.

The judge will decide what is in the best interests of the children. What is best for the children.

I do not think the fact that the mother is now gay is going to be important.

However, there may be other things going on that make it better for the kids to live with their father.

call if you want an attorney to assist,

Robert Davies, Attorney

201 820 3460

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Answered on 6/24/13, 9:45 am

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