In the past, many judges in custody cases assumed that the “best interest of the child” was not served by living with, or often even visiting with, a GLBT parent.  Currently, only a handful of states - Alabama, Mississippi, Missouri, and Virginia –require judges to assume that living or visiting with a GLBT parent would not be in the “best interest of the child.” The great majority of state courts require evidence of a negative impact on the child before a parent's sexual orientation can be used to restrict custody or visitation. The adverse impact test requires a clear connection between a parent's actions and harm to the child before a parent's sexual orientation assumes any relevance in the custody determination.  While studies have shown that there are no emotional or psychological harms associated with being raised by one or more GLBT parent, many judges still award custody to the non-GLBT parent citing concerns for the child’s well-being.

For more information on custody and visitation laws see Standards for Child Custody in Same-sex Relationships  and Custody Cases Involving Lesbian and Gay Parents.