How Should Homosexuality/Adultery/Religion Affect a Florida Child Custody Decision?

In most cases, issues like adultery, a parent’s sexual preference or religion should not play a major part in a court’s child custody decision making.  Parents should realize that most trial judges have been de-sensitized to adultery as many divorce cases or paternity cases involve adultery in one shape or form.  Likewise, a parent’s sexual preference or religion is typically not an issue that should substantially affect a child custody determination.

The exception to the above is when an issue of adultery, sexual preference or religion is shown to have a detrimental effect upon a child.  In other words, if one parent was committing adultery literally in front of their child, it could be an issue for the court. 

Similarly, the sexual preference of a parent would only be an issue if there was proof that the parent’s sexuality was harming the child, which is difficult to prove (and parents should know that arguments that “homosexuality is immoral” will typically fail). 

Finally, religion is typically not going to be considered a detriment to the child unless the religion subjects the child to danger.  There are some examples in case law where judges limit timesharing based on a parent claiming their religion prohibits the child from going to a doctor, or being adequately cared for to the point of making it dangerous for the child to be with the other parent.  Besides those cases, Florida divorce court judges typically should not base a custody determination on religion.

Did this answer your question?

Back to Appealing A Florida Child Custody Decision

Call (561) 810-0170 or click here for more information about scheduling a consultation and strategy session with the Florida Divorce & Appellate lawyers of Bruce Law Firm, P.A..  The firm’s practice is limited to divorce and family law and represents clients in all of Florida’s appellate courts under fixed-fee pricing arrangements with a money back guarantee.  The firm shares fees with referring attorneys pursuant to Florida Bar rules.  All information on this website is subject to this Legal Disclaimer.  Click West Palm Beach Divorce Lawyer for the firm’s other divorce and family law website.