State Custody & Visitation Laws
Because custody and visitation decisions are made on a case-by-case basis, it is impossible to predict where gay and lesbian parents may win custody and where judges may discriminate against them on the basis of the parents’ sexual orientation. The handling of such disputes also varies depending upon whether one is coming out of a heterosexual relationship or leaving a same-sex one.
Yet research shows that 21 states and the District of Columbia have had good records on child custody and visitation — meaning they do not discriminate on the basis of sexual orientation – while nine states have had negative records. In the remaining states, the records are mixed or unclear.
Browse our listings of state custody & visitation laws.
Important note: The determination of parenting rights is always made on a case-by-case basis. If you are facing a parenting contest or are considering becoming a parent, you should consult with a lawyer licensed in your state and familiar with GLBT family law.