In 2012, the Kentucky Court of Appeals handed down the decision in Maxwell v. Maxwell. It is a very important decision when confronting Kentucky Child Custody and Same Sex Relationships.
In Maxwell, the parties divorced in Hardin Circuit Court. They had three (3) children together. At Trial, the children’s Father asked for sole custody of the children. He specifically objected to the Mother’s subsequent same sex relationship, casting it as sexual misconduct. The trial court ruled that “…Respondent is seeking to live an unconventional life-style that has not been fully embraced by society at large regardless of whether or not same-sex relationships should or should not be considered sexual misconduct. Like it or not, this decision will impact her children in ways that she may not have fully considered and most will be unfavorable”.
On review, the Court of Appeals, with Judge Denise Clayton writing the Opinion, held that 1) same sex relationships are not “sexual misconduct”, 2) singling the Mother out because of her sexual orientation subjected her to unconstitutional disparate treatment, 3) using the Mother’s sexual orientation as a criterion for denying her custody violated her due process rights as a parent, and 4) there was no actual evidence that the Mother posed any threat of harm to her children which merited limiting custody. In fact, the Court found that the children liked their Mother’s girlfriend and wanted to continue to have as much access as possible to both parents.
If you have been told (or wrongly believe) that sexual orientation should affect your custody case, then you have been told wrong. It is unlawful for a Court to discriminate against you because of your sexual orientation. If this is an issue affecting you, then you should contact an attorney as soon as possible.
If you have more questions about Child Custody in Louisville, I would be happy to talk. Also, please feel free to learn more at My Original Home Page or The Louisville Divorce Attorney or The Louisville Divorce Lawyer if you are not ready to talk. Thanks for reading.