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11 hours ago

Carolyn Gale

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For many actions in the legal process, there are legal precedents that have been set by much higher judges, or Justices. For example, law enforcement officers are mandated to inform individuals of certain rights if they are part of a custodial interrogation because of the Supreme Court's ruling in Miranda v. Arizona. Once the Supreme Court decides how to rule on a case, that ruling becomes a mandate (Costanzo & Krauss, 2015). All of these mandates must start somewhere, however. At some point, there are no precedents for certain cases. An increasingly common example of this can be found in custody battles involving same-sex couples and/or couples that include transgender men or women.

According to Feinberg (2016), courts have historically only recognized the relationship between a child and its biological parent in a same-sex relationship; in turn, the non-biological parent loses every right to visitation (let alone custody) in the event of a divorce. Today, however, same-sex marriages are certainly recognized and legal throughout the United States. Virginia, in particular, even allows both parents to enter their information on a birth certificate, indicating they are both equal parents of their children.

With this new standard in mind, courts must amend how they treat child custody cases. It used to be that courts would favor a child's mother in a divorce. Now, a large part of custody decisions is formed from discovering which parent (if not both) offers a stable living environment with steady income, basic needs, and no abuse. The same should go for children conceived by parents in an LGBTQ+ family. In fact, more consideration for both parents should be exercised in same-sex relationships based on the circumstances under which the child(ren) were conceived.

More specifically, heterosexual couples have a strong possibility to conceive children "by accident." Two females who are married cannot "accidentally" have a baby. Instead, their children (if fidelity is honored, of course) are planned. Because of this, judges may seem fit that both parents be equally considered for custody if all other loving, living requirements are met in each household. In his article, NeJaime (2016) discussed that many LGBTQ+ community members "argued that if same-sex couples acted like married couples by deliverately...developing nonbiological parent-child relationships, then they deserved parental recognition even if outside of marriage" (p. 1226).

Lastly, we must look at our future judges that will one-day rule on this matter. As students, it is our responsibility to apply our research and studies towards our contributions to the world. Younger generations have increasingly more willingness to accept others regardless of their sexual orientation, gender, or other matters that do not define our character. Because of the ideological shift that America is experiencing, students may find my position favorable. Same-sex couples are much more common now than they were before, and they are becoming "normal" for many communities. Judges should not take away parental rights of someone who is willing and able to provide the necessary living conditions for children that are deeply cared for and loved.

References

Constanzo, M. & Krauss, D. (2015). Forensic and legal psychology: Psychological science applied to law. New York, NY: Worth.

Feinberg, J. (2016). Consideration of genetic connections in child custody disputes between same-sex parents: fair or foul? Missouri Law Review, 81(2), 331+. Retrieved from http://link.galegroup.com.ezproxy.liberty.edu/apps/doc/A473843746/AONE?u=vic_liberty&sid=AONE&xid=b62508e5

NeJaime, D. (2016). Marriage equality and the new parenthood. Harvard Law Review, 129(5), 1187-1227. Retrieved from http://bi.galegroup.com.ezproxy.liberty.edu/global/article/GALE%7CA446328367?u=vic_liberty&sid=summon

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