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divorce, children, being gay complicated question

Let's say straight couple get divorce. And they had a child. The court decided to give the mother the kid.

Let's say the woman discover later on she is attracted to women. Or to make it simple, she became lesbian.

Can she still get to keep the child ? Or should the child go to his straight dad.

This was one of the few times Google didn't help me. And I know basil is full of hipsters trying to be smart. So maybe one of you know the answer.

March 23, 2013

53 Comments • Newest first

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[quote=yesno1]both parents hate each other. both parents are good. its just a matter of who get to live with the child and who get to visit the child.

of course the woman will win the case and get the child. but if she became lesbian and the father bring it to court again because he don't want his kid between gays. will the court favor him or no ? the father got good reason to me. but im not sure about the court.[/quote]

No, he won't be favored. There's nothing about a household with a gay couple that makes it inferior to a straight couple. In fact, because it will lead to children who are far less ignorant of homosexuality, one could argue that the mother's home is an even better environment for the child to grow up in.

Reply March 24, 2013
yesno1

[quote=iYanMe]I am sure the child can legally stay with the mother because there is some problem with the father, otherwise the the child would not have been given to the mother.

As for morally, it would depend on how old the child is. If it is an infant and the father remarries, it might be better for the infant to go back to the father, however if it is a adolescent its best to remain with the mother. I personally believe a mother is much more important in a child's upbringing because most women, by nature are much more gentle than men. In the case of an infant, I think it would be best to have a mother and father around.[/quote]

both parents hate each other. both parents are good. its just a matter of who get to live with the child and who get to visit the child.

of course the woman will win the case and get the child. but if she became lesbian and the father bring it to court again because he don't want his kid between gays. will the court favor him or no ? the father got good reason to me. but im not sure about the court.

Reply March 24, 2013
iYanMe

I am sure the child can legally stay with the mother because there is some problem with the father, otherwise the the child would not have been given to the mother.

As for morally, it would depend on how old the child is. If it is an infant and the father remarries, it might be better for the infant to go back to the father, however if it is a adolescent its best to remain with the mother. I personally believe a mother is much more important in a child's upbringing because most women, by nature are much more gentle than men. In the case of an infant, I think it would be best to have a mother and father around.

Reply March 24, 2013
yesno1

[quote=TheSupaHobo]I think the problem with this thread is that the OP wants to know the legal stuff behind said issue, but words his comments in a way that makes him sound as if he looks down on gay parents raising kids. Because of that, people are bashing on him. "Why would you let a child live with a lesbian if he can live with straight father ? Isn't a straight family much better than gay family ? At least the child would live in normal way." That sounds really bad on his part.[/quote]

they just dont like the idea of someone swimming against the flood.

Reply March 24, 2013
yesno1

[quote=klu180]@yesno1: I give up. Please go make more flame bait.[/quote]

[url=http://www.basilmarket.com/forum/2625506]here you go.[/url]

Reply March 24, 2013
klu180

@yesno1: I give up. Please go make more flame bait.

Reply March 24, 2013
yesno1

[quote=klu180]@yesno1: Fun? It's the same thing as 5 year olds arguing over a cookie.[/quote]

i prefer arguing for a cookie over " my fav color is blue ! yaaay " .

Reply March 24, 2013
klu180

@yesno1: Fun? It's the same thing as 5 year olds arguing over a cookie.

Reply March 24, 2013
yesno1

[quote=klu180]@yesno1 Why are people cursing at you? Because you made a flame thread. That is exactly the reason why. This is Basil and basilers hold true to their opinions, and this applies to you as well. All basilers do is curse at each other and try to force their opinions upon others while not putting up logical, proven argument/example. This was not an interesting topic, in fact it got derailed almost immediately. It's just a usual thread of arguing over senseless things. Now please stop discussing sensitive issues.[/quote]

why should we stop ? isn't this much more fun than " whats your fac color " or " whats your fav food " threads ? btch please ..

Reply March 24, 2013
klu180

@yesno1 Why are people cursing at you? Because you made a flame thread. That is exactly the reason why. This is Basil and basilers hold true to their opinions, and this applies to you as well. All basilers do is curse at each other and try to force their opinions upon others while not putting up logical, proven argument/example. This was not an interesting topic, in fact it got derailed almost immediately. It's just a usual thread of arguing over senseless things. Now please stop discussing sensitive issues.

Reply March 24, 2013
yesno1

To whoever asked why basilmarket is dying.

take a look at this thread comments. i brought interesting topic to discuss .. in return i got curses and people telling me im troll or bait or whatever that meant.

seriously basilers, why are you so afraid of senstive topics ?

Reply March 23, 2013
FriedSnake

The flamebait-o-meter is high on this one

Reply March 23, 2013
zigen

the mother has legal custody of the child.
unless her new partner is abusive or makes the home environment unsuitable for the child, the mother will still have custody. This is honestly a dumb question.

Reply March 23, 2013
yesno1

@LostMyJob: I know that.

But maybe there is website that talk about it ? Or maybe this happened before and there is article about it.

I searched for it and I wasn't lucky.
But I know basilmarket hipsters can use their magic and find me some good articles.

Reply March 23, 2013
LostMyJob

[quote=yesno1]@JaydenVo: while I appreciate your opinion, I want official thing.

It's good to share our opinions but I wanted the real deal .. Official law or something.

P.S: I wrote this in respectful way for you. So no need to thank me asshole.[/quote]

-facepalm-
Basil is not made out of lawyers so why ask here?

Reply March 23, 2013
yesno1

@JaydenVo: while I appreciate your opinion, I want official thing.

It's good to share our opinions but I wanted the real deal .. Official law or something.

P.S: I wrote this in respectful way for you. So no need to thank me asshole.

Reply March 23, 2013
klu180

@BiqBoiKleenSwaq: Well your main point is that the kid will be picked on so....
[url=http://www.time.com/time/health/article/0,8599,1994480,00.html]"These findings were expected, the authors said; however, they were surprised to discover that children in lesbian homes scored higher than kids in straight families on some psychological measures of self-esteem and confidence...At age 10, children reporting discrimination did exhibit more signs of psychological stress than their peers, but by age 17, the feelings had dissipated."[/url]

[url=http://www.huffingtonpost.com/2012/01/16/gay-parents-better-than-straights_n_1208659.html]Not accepting homosexuality won't be much of a problem either "In a paper published in 2007 in the American Journal of Orthopsychiatry, Goldberg conducted in-depth interviews with 46 adults with at least one gay parent. Twenty-eight of them spontaneously offered that they felt more open-minded and empathetic than people not raised in their situation."[/url]

Reply March 23, 2013 - edited
Ness

OP baited you guys so hard.

Reply March 23, 2013 - edited
Jrosen

[quote=BiqBoiKleenSwaq]Kid will be picked on for having parents of the same gender. Let's say the kid doesn't know what gay is. He thinks it's perfectly normal when it's not. Gay people take up 3% of the world's population. Making then abnormal. How many kids have you seen to be picked on for being abnormal and become depressed? Or the kid does know what gay is and he doesn't agree with it. You already know how that goes. Or the kid does agree with them. He will forever be fighting for something that will never be accepted because it's abnormal. It's nothing like what happened to black people. That's way different. Because the black people were still straight. So the only differences were skin color. So rather than have all these possibilities and more. Why not just let the kid live in a normal atmosphere so he can turn out normal and not have a troubled past or future.[/quote]
Discrimination is discrimination, there is no go between.

Reply March 23, 2013 - edited
JaydenVo

[quote=yesno1]Are you kidding me ? I'm not here challenging idiots like you to change my mind. I'm asking about what would happen if the situation I provided become real.

What would the court do ? Everyone gave me their opinion. It's good, but I'm looking for what would the court room decide.

I noticed from the begging if the thread, you trying time act smart ass. Could you use your sharpness by giving me a real situation similar to mine ?[/quote]
Being the idiot smart ass that I am, I will do my best. A lot of these answers were useful though. You have to consider the real life situations. People have given you the answer you wanted, and it was no, the father probably won't get the kid.

However, in your situation, it seems like the father gets no custody whatsoever. Most of the time, children live with both parents but go back and forth from mom and dad. Going from what YOU said, the child will live with the mom, and only the mom. This usually only happens because the mom' better suited to take care of the child. Despite her being lesbian, don't you think it would be better for the kid to be with the mom?

But let's say both mom and dad are equal in terms of parenting and the decision alone lies on their sexuality. I'm no court official, but I'm guessing that it won't affect the decision at all unless the father or child speaks out against the mom for that reason. Otherwise, her sexuality probably wouldn't come up. Nowadays, judges cannot discriminate people in that way, so they can't base their decision off of it. If the child speaks out against the mom because of this reason, then the dad will probably get custody.
If the child is very young, then yes, he/she will have to grow up in a slightly different environment than other kids. People can see how this may cause problems that might not occur with the straight father. But divorce is never easy on kids, no matter what age. If the kid is older though, he will adapt more easily and avoid some issues that may come up with same sex parents. Again, it all depends on the parent's relationship with the child.

Also, don't be rude if you want good answers. Just because they don't agree with you doesn't make them right or wrong. You bluntly call people gay supporters as if that's a bad thing, so no sht you're challenging them.

k have a nice day you jerk

Reply March 23, 2013 - edited
Jrosen

I don't see why the court would give the child to the father. The only thing that has changed is the mothers sexual orientation, nothing else. Your question is ridiculous. The reason you couldn't find anything is because the answer is staring you right in the face.

Reply March 23, 2013 - edited
yesno1

Why is everyone mad at me ?
I don't like gays and I don't deny it.

I'm just asking about the court. What would they do ?

@thingy97: I wanted this. Exactly this.

Do you have official proof that the court won't change their decision because of sex change ?

Reply March 23, 2013 - edited
WhoIsDead

I don't see why she shouldn't get to keep the child. Her opinion on who she likes is the only thing that changes here.

Reply March 23, 2013 - edited
GuardianCreator

OHHHHHHHHHHHHHHHHHHHH I see what the OP's doing.
inb4 flamewars

Reply March 23, 2013 - edited
Rorik92

If the court decided to give the child to the mother, they are not going to take that back just because she is lesibian. The only way that the custody would change is if she was abusive or something.

Reply March 23, 2013 - edited
Momijii

[quote=yesno1]I love how everyone giving me lame ass answer and leave. I never said I'm homophobic. I'm just interested in the court decision nifty that happens.[/quote]
If the Court has upheld that having a biracial family is not a unsuitable environment when biracial marriage was effectively equivalent to gay marriage now (sin, end of the United States, etc.), then the Court would uphold that custody cannot be decided solely off sexuality.

Reply March 23, 2013 - edited
thingy97

If the only change is bringing in the girlfriend of the mother into the family, they'll likely stick to their original decision and grant custody to the mother. The vitriol the child would face is more or less negated by the affection, attention, and support the mother's girlfriend would give. Being raised in a "gay" household doesn't change anyone more than being raised by a single parent would be. Yes, the father could too get a girlfriend, but the courts sided with the mother for a reason.

Reply March 23, 2013 - edited
JaydenVo

@yesno1: lol I gtg for a bit I'll get back to you later, champ.

Reply March 23, 2013 - edited
yesno1

[quote=metaghost4]The courts can't discriminate like that.[/quote]

Why not ? While it's great to let the gays adopt kids. It's not ok to let a child live between gays if he can live between normal couples. It's better for the child.

That what I think. Don't know about the court but hopefully they think like me.

Reply March 23, 2013 - edited
yesno1

[quote=LordFartman]Are you... a retard?[/quote]

I don't think it matter if I'm retarded or not. Answer the question gay supporter.

Reply March 23, 2013 - edited
klu180

What makes a straight family better than a gay family? What has led you to believe that?

Reply March 23, 2013 - edited
LordFartman

Are you... a retard?

Reply March 23, 2013 - edited
yesno1

[quote=Nimaah]oh the ignorance[/quote]

Oh baby boy, could you explain to me why my text sound ignorant to you ?

Reply March 23, 2013 - edited
Nimaah

[quote=yesno1]Why would you let a child live with a lesbian if he can live with straight father ? Isn't a straight family much better than gay family ? At least the child would live in normal way.[/quote]

oh the ignorance

Reply March 23, 2013 - edited
yesno1

[quote=JaydenVo]It seems like you have a strong opinion about this already. Why start discussions when you're this close-minded about it? People leave because they know you won't change your mind. yesno1, when will you finally understand that? It's becoming old.[/quote]

Are you kidding me ? I'm not here challenging idiots like you to change my mind. I'm asking about what would happen if the situation I provided become real.

What would the court do ? Everyone gave me their opinion. It's good, but I'm looking for what would the court room decide.

I noticed from the begging if the thread, you trying time act smart ass. Could you use your sharpness by giving me a real situation similar to mine ?

Reply March 23, 2013 - edited
JaydenVo

[quote=yesno1]I love how everyone giving me lame ass answer and leave. I never said I'm homophobic. I'm just interested in the court decision nifty that happens.

Basilers, when will you quit supporting gays ? It's becoming old.[/quote]
[quote=yesno1]How many timespecially do I have to repeat it ? It's not about the mom being bad or evil. Its about picking better atmosphere for the child to live on by choosing the straight dad.[/quote]
It seems like you have a strong opinion about this already. Why start discussions when you're this close-minded about it? People leave because they know you won't change your mind. yesno1, when will you finally understand that? It's becoming old.

Reply March 23, 2013 - edited
plunk654

Would it really matter if both the parents found partners of the same gender?

Reply March 23, 2013 - edited
yesno1

[quote=Bobofrice]The mom could be an abusive crack addict and she would still get the child. That's what happens, courts almost always side with the mother.

Ot: being a lesbian doesn't make her a bad mother. If anything, being honest with herself is the best thing she can do for her child.[/quote]

How many timespecially do I have to repeat it ? It's not about the mom being bad or evil. Its about picking better atmosphere for the child to live on by choosing the straight dad.

Reply March 23, 2013 - edited
JustAnotherUser

[i]"I'm not a homophobe, I just think gays are abnormal, shouldn't have any kids and are all in all worse than straight people"[/i]
. .
.
-yesno1

Reply March 23, 2013 - edited
Bobofrice

The mom could be an abusive crack addict and she would still get the child. That's what happens, courts almost always side with the mother.

Ot: being a lesbian doesn't make her a bad mother. If anything, being honest with herself is the best thing she can do for her child.

Reply March 23, 2013 - edited
yesno1

I love how everyone giving me lame ass answer and leave. I never said I'm homophobic. I'm just interested in the court decision nifty that happens.

Basilers, when will you quit supporting gays ? It's becoming old.

Reply March 23, 2013 - edited
JaydenVo

[quote=yesno1]Why would you let a child live with a lesbian if he can live with straight father ? Isn't a straight family much better than gay family ? At least the child would live in normal way.[/quote]
Heterosexuality being normal is your opinion. It's also society's opinion, unfortunately. Of course the kid will have to adapt, but that doesn't make the mom any less of a parent.

Reply March 23, 2013 - edited
yesno1

[quote=ContagiousSmile]Not necessarily. I feel that the mother's sexuality has nothing to do with how much she loves her child, unless the child is a homophobe. Legally speaking, I'm not so sure, however I would argue that the child would stay with the mother unless the child argues otherwise.[/quote]

It's not about losing her love to the child. It about the best atmosphere the child could live in. Isn't living between straight family is much better than gay family ?

Reply March 23, 2013 - edited
AnnaDragon

I don't think there's a problem there at all.

Reply March 23, 2013 - edited
JaydenVo

[quote=ContagiousSmile]Not necessarily. I feel that the mother's sexuality has nothing to do with how much she loves her child, unless the child is a homophobe. Legally speaking, I'm not so sure, however I would argue that the child would stay with the mother unless the child argues otherwise.[/quote]
I think the OP may be a homophobe, which explains why he would ask the question in the first place.

Reply March 23, 2013 - edited
yesno1

[quote=TrueAtheist]That's a dumb question, the child would remain with the mother, obviously.[/quote]

Why would you let a child live with a lesbian if he can live with straight father ? Isn't a straight family much better than gay family ? At least the child would live in normal way.

Reply March 23, 2013 - edited
Momijii

There's no reason the mother shouldn't be able to keep the child.

Reply March 23, 2013 - edited
ContagiousSmile

[quote=yesno1]But after the mom being lesbian .. the situation changed, maybe the father is much better.[/quote]
Not necessarily. I feel that the mother's sexuality has nothing to do with how much she loves her child, unless the child is a homophobe. Legally speaking, I'm not so sure, however I would argue that the child would stay with the mother unless the child argues otherwise.

Reply March 23, 2013 - edited
JaydenVo

@yesno1: Lol that's completely ridiculous. How would the mom's sexual orientation affect her as a parent?

Reply March 23, 2013 - edited
yesno1

[quote=JaydenVo]The father didn't get the child in the first place for a reason, so no.[/quote]

But after the mom being lesbian .. the situation changed, maybe the father is much better.

Reply March 23, 2013 - edited
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