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SPARC Custody FAQ

34. My spouse is accusing me of being gay. Can someone lose custody of their child for being gay or lesbian even though they're an excellent parent?
In theory, no. In reality, possibly. Sexual orientation is not supposed to be considered as a factor in determining custody. Judges are expected to put aside personal feelings when they conduct a trial, but they have biases just like everyone else. If a judge has issues with the sexual orientation of a prospective custodial parent it may, in fact, influence his decision. It isn't supposed to work that way, but it can happen.

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