What Happens To The Children In Same Sex Marriage?
Regardless of the court’s perception of either parent’s morals, a “nonconventional” or “deviant” lifestyle is not disqualifying as a matter of law. Custody or visitation orders intruding on a parent’s associational or privacy interests will withstand attack only where there is “compelling evidence” of a “significant bearing” on the children’s welfare. [Marriage of Wellman (1980) 104 CA3d 992]
Homosexuality: Thus, e.g., a parent’s homosexuality does not per se adversely affect the child and cannot be ground for denial of custody absent specific evidence of a negative effect on the child’s best interests. [Nadler v. Super.Ct. (Nadler) (1967) 255 CA2d 523; but see Chaffin v. Frye (1975) 45 CA3d 39]
Nor, without affirmative evidence of harm to the child, may a court restrain visitation rights simply on the basis of the parent’s sexual preferences. [Marriage of Birdsall (1988) 197 CA3d 1024,