My ex is gay. I am homophobic and Ive been withholding our son from her. I haven't let her see him or visit at all. She keeps asking to see him and has filed for divorce. Can I lose custody for alienating him for that reason and the fact that she moved on? To the courts I think I will look bitter
Yes, you can lose custody for withholding your child from his mother. You can lose the right to see him at all. Put your son's feelings first. That's his mother and he loves her no matter what. You can fill him with lies and hate (until you lose custody) but the man you will be raising will not just hate his mother. The day will come when he hates you for it.
This answer is meant to be general in nature and is not intended to establish any attorney-client relationship. This is a public service and not a solicitation or advertisement.
Custody also known as time sharing, is determined by a myriad of factors, and a parent's respective sexual preference is not one of them. Withholding time sharing from the other parent during the pendency of the litigation will be something the Court considers when making it's decision. To the contrary, either parent's sexual preference, in and of itself, will not be a factor that influences the Court's ruling as it relates to time sharing.
I agree with the prior answers. The sole issue is whether she is the mother of the child. If the answer is Yes then she will be allowed the opportunity to maintain a relationship irrespective of your personal feelings about the matter. Best of luck to you.
This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.
As my colleagues have stated above, the court is not going to punish your ex for being gay. On the other hand, the court is not going to tolerate parental alienation. Ultimately, parental alienation can result in a loss of timesharing.
I agree with my colleagues. Also have in mind that your ex can request makeup timesharing for the time have you have denied her access to your son. She can also request the court to immediately enter a temporary timesharing schedule where they will consider the time you did not allow her to see your son. I urge you to seek advice from an attorney who can guide you through this process. Co-parenting is a priority in Florida and only the Best interest of the child will be considered when ordering a parenting plan and timesharing schedule.
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