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How Gay Marriage May Affect Father’s Rights

Gay Marriage and Father's Rights

The traditional family is no longer the norm for many Americans. A father who goes off to work every day while the mother stays home and cares for the home and children is only one possible family dynamic in our society. However, old habits die hard. Even if the mother works longer hours than the father and is gone from home a great deal, judges may still tend to award custody to the mother unless there is a strong reason not to do so.

With the issue of gay marriage taking a forefront position in today’s headlines, it is interesting to wonder how this issue may impact father’s rights. In same-sex marriages, the old male-female dynamic no longer applies and judges may be forced to use different standards to evaluate each parent’s fitness for custody. These changes may also cause a change in traditional cases in which a father and mother are both good candidates for child custody.

A New Look At Marriage

Gay marriage is a controversial topic due to many deeply-held beliefs about the family. Even some of those who support gay marriage are divided on the wisdom of raising children with two same-sex parents. Some studies have shown that children benefit from having input from both parents of opposite sexes. However, other studies point to many children who are raised by same-sex couples and adjust very well, while some children of traditional marriages have behavior and cognitive problems.

There is no easy answer to the issue of gay marriage and adoption. However, the fact that gay marriage is already legal in some states and may soon be legal in all of them begs the question: when judges are confronted with gay divorce, as will inevitably happen, what will these judges do if they are still stuck in the traditional mindset of mother-father roles?

Gay Marriage May Benefit Fathers

It is not outside the realm of possibility that gay marriage may have a positive effect on the rights of fathers to pursue custody of their children. If judges are forced to reexamine the roles parents play in raising children, it is possible that they may reexamine the traditional “mother as nurturer” role as well.

If you are facing a divorce and want to seek custody of your children, contact the Men’s Legal Center in San Diego. Our lawyers will work with you to protect your rights.