Are there any special considerations for same-sex couples in a child custody case?

In Washington, same-sex couples are eligible to receive the same rights as heterosexual couples when it comes to child custody cases. The Washington Supreme Court ruled in 2002 that Washington law requires judges to consider the best interests of a child when determining the custody arrangement, regardless of the couple’s sexual orientation. In a 2017 court decision, the Washington Supreme Court noted that the Legislature “clearly accepted and endorsed the court’s holding in Andersen [v. King County] that all individuals are entitled to the same basic rights and protections under the law, no matter their gender or sexual orientation.” As such, there are no special considerations for same-sex couples in a child custody case compared to heterosexual couples. Both types of parents are eligible to receive joint custody or sole custody depending on what is best for the child. The court will consider many factors such as the child’s relationship with each parent, the child’s age and development, the parent’s ability to provide a stable home and lifestyle, and any safety concerns that may arise from the custody arrangement. It is important to keep in mind that the court can, and will, take into account all relevant factors when deciding a custody arrangement, regardless of the couple’s sexual orientation. In the end, the court’s decision will be based on what is in the best interests of the child.

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Are there any special considerations for same-sex couples in a child custody case?

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