C. Duranaydintug et Ka. Causey, CHILD-CUSTODY DETERMINATION - IMPLICATIONS FOR LESBIAN MOTHERS, Journal of divorce & remarriage, 25(1-2), 1996, pp. 55-74
Semi-structured, in-depth interviews were completed with eleven legal
service professionals including District Court judges, attorneys, guar
dian ad litems, and court evaluators in Denver, Colorado to explore th
e issues lesbian mothers face in child custody cases. Respondents agre
ed that in Colorado courts, even though a mother's sexual orientation
should only be treated as an issue when it creates adverse effects on
the child's mental and emotional well-being (the nexus approach), in m
any cases judges decide against these mothers solely based on their se
xual orientation without taking any evidence into account (per se appr
oach). Future research focusing on custody standards and the legal obs
tacles these mothers are facing is proposed.