When Alabama couples go through the painful process of divorce, many want to put the matter behind them and move on with their lives as best they can. Unfortunately, this is not always the case in family law, as changed circumstances can bring the ex-spouses back before the court to modify earlier agreements.

For example, a mayor of a Mississippi town recently went back to court to discuss the impact of child custody laws on a child custody agreement. The couple’s divorce was finalized in March 2011, but the mayor’s ex-wife recently moved to modify the child custody and child support agreement between the couple.

In terms of the custody issue, the woman claims the mayor’s status as a “practicing homosexual” justifies a modification of the child support agreement that would provide her with sole custody. The woman argues the man’s homosexual behavior has a harmful effect on the couple’s three minor children, which was not anticipated at the time of the original child custody order.

Generally speaking, child custody laws vary from state to state when it comes to awarding custody to a homosexual parent. Some states are more likely to conclude the parent’s homosexuality has a negative impact on a child, as is alleged by the woman in the case above. Other states disagree, however, and treat homosexual parents the same as heterosexual parents when it comes to custody decisions unless specific harm is shown.

Ultimately, as with all child custody determinations, courts considering cases involving homosexual parents are likely to employ a best interests of the child standard to determine which parent should have legal custody and physical custody. Because the situation can vary depending on the facts of each case, however, parents should work with an experienced divorce attorney when confronting something as serious as child custody.

Source: Desoto Times, “Davis divorce redo postponed,” Tim Summers, Oct. 11, 2012