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A little help with custody laws - please

Discussion in 'Coming Out Advice' started by tinarenee, Dec 12, 2009.

  1. tinarenee

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    Question - Where is the best place to find the most knowledgeable, accurate, up to date information ( in plain English ) on the laws in a state (Georgia) concerning custody issues when one parent is of the LGBTQ community.

    I am going to be going thru a divorce in the near future and while I don’t think he will fight for full custody of our children, I want to have all my basis covered just in case.

    While it has been pointed out to me that I don’t have to tell him or anyone else that I’m a lesbian, therefore avoiding the whole situation, I don’t feel this is the right thing to do. If he should find out later (which I’m sure he would ) I feel this would make him feel even more betrayed, because I was not honest with him from the start. Therefore perhaps making him more inclined to take that type of action. Not to mention the fact that he is my best friend and I want to be honest with him.

    Any help anyone can provide would be greatly appreciated. Thank you.
     
  2. starfish

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    Do you have a lawyer?

    If you do talk to them about it. If not I would suggest getting one. If your ex is feeling vindictive he could very easily use this against you.

    I've learned the hard way that only a fool has himself for a lawyer. It might cost you a few grand, but in my opinion it is worth it be able to maintain contact with your children.
     
  3. mmilam75

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    My suggestion would be to start by contacting Lambda Legal. In cases where state law impacts members of our community, they will be your best starting resource. Even if they can't give you the answers to Georgia child custody laws directly, they can at the very lease point you in the right direction.

    Their website address is http://www.lamdalegal.org.

    Good luck!
     
  4. s5m1

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    I would recommend you speak with an attorney in your state who specializes in family law and understands the law with respect to LGBT parents. The Stonewall Bar Association is the professional association for LGBT lawyers in Georgia. They have a referral section to locate attorneys. Here is a link to find one who specializes in family law issues. Even if you don’t think you can afford an attorney, a short consultation will cost you very little and the attorney will be able to give you an idea if your sexuality will have any impact on the custody issues in your state.

    http://www.stonewallbar.org/find/practiceareas/index.php
     
  5. tinarenee

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    I don’t have a lawyer. I know it’s naive, but I’m hoping that it doesn’t come to needing one. I have hope we can handle things between just the two of us. I will consult with one though because I have too much to loose to be stubbornly optimistic.

    I want to thank you guys for the advice and information it is greatly appreciated. And will be used.
     
  6. s5m1

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    I hope your husband recognizes it is truly in your children's best interest not to make your sexuality an issue. Most states do not care whether a parent is gay. The issue is what is in the best interest of the children. Nonetheless, you are better off talking with a lawyer up front about this issue, if only to gain some peace of mind. My ex was great about it. Good luck and please let us know how it goes.
     
  7. tinarenee

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    I’m glad to hear that it went well for someone else that gives me hope. And I do believe (in my heart) he will put the kids interest above his own, he’s actually a great guy. Thanks again.