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Are LGBT Parents Discriminated Against In Child Custody Cases?

It is not uncommon for lesbian, gay, bi and transgender people to come out later in life. This may come at the end of, or lead to the end of, a straight marriage or relationship. When that relationship has produced a child, there will be a child custody case that will set the stage for each parent's role in the child's life going forward.

In these situations, the LGBT parent may feel that they are at a disadvantage, or that they will be discriminated against and their child will be taken away from them.

How Child Custody Is Determined

The overarching guideline that dictates child custody and parenting time arrangements in Colorado is the question of what is in the best interest of the child. In most cases, that means that the child should have time with each parent. Factors that may be considered include each parent's relationship with the child, each parent's plan for taking care of the child, each parent's location and each parent's health. All of these factors and more should be looked at to determine an outcome that is truly in the child's best interest.

While Denver is widely regarded as LGBT friendly, LGBT parents do have reason to worry. In order to gain advantage, opposing spouses may argue that a transgender, bisexual, gay or lesbian parent is somehow unfit. While the law does not support this type of discrimination, it can be beneficial for the LGBT parent to work with an attorney who is prepared for such tactics and can argue in support of a fair share of parenting time.

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Scardina Law

Scardina Law
1245 E. Colfax Ave.
Suite 302
Denver, CO 80218

Phone: 303-502-5540
Fax: 303-845-5594
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