My ex husband's family has just found out that I am in a relationship with a woman. My ex has known for two years and is wonderfully supportive he knew the whole time married to me that a relationship with a man wasn't easy or natural for me. We have two children together. Children that were my primary reason for marrying a man in the first place.
I am moving to Alabama to live with my partner in two weeks. My ex's family can get pretty dirty. I am worried after reading about the Cheif Justice in Alabama and his ruling that homosexuality alone is reason enough to remove children from their parent. My partner is worried too she said she would walk away from me before she would see me loose my children. I need someone familiar with the rights of lesbian parents. Can the Department of childrens services investigate a home soley on the basis of homosexual parents. Can children be removed by the state without any other cause. If my ex's family filed for custody would they stand a chance in getting my kids?
any information or links to information would be greatly appriciated I've been googling stuff and coming up empty handed.
Thank you
Radonna
Wed Nov 28, 2007 8:50 pm
Hawaiian
Joined: 01 Dec 2005
Posts: 816
Location: Transplanted to Africa
Aloha Radonna,
First of all, welcome to mels.
I'm not a lawyer, but I can tell you what I've found. The judge in question, Roy Moore, is known as the "10 Commandments Judge" and he did call homosexuality "inherently evil" in writing the decision. Here's a resource for some of the rulings in Alabama: http://www.sodomylaws.org/usa/alabama/alabama.htm
Alabama is one of the states that still has sodomy laws on the books, and actively prosecutes under those laws (for both unmarried heterosexual couples and homosexual consenting adults.) The penalty is 1 year in jail/$2000. It also has laws against sex toys. So, I would have to advise you to be very careful, as I could see how this law could be used to investigate a home.
I don't know about your relationship with your ex. But I really don't know what if anything his family could do, especially if they don't live in the same state. But to be sure, I'd contact an LGBT lawyer in that state, and possibly another in the one you are in now. I did find a list of some LGBT legal resources here:
Good luck,
~Hawn _________________ 'A'a i ka hula, e waiho i ka hilahila i ka hale.
Dare to dance, leave your shyness at home.
Wed Nov 28, 2007 11:10 pm
coconut
Joined: 13 Feb 2006
Posts: 238
First of all welcome to mels.
I'm sorry you are having to stress with all this.
My understanding is this,
If the father is involved with the children and has no objection to anything, there isn't a damn thing his family can do. If hs has blessed the relationship and has granted you permission to leave the state with his children and a reasonable agreement has been made then the judge really doesn't have a leg to stand on.
Also
If you are in another state, he has no jurisdiction to order family services in another state to investigate you and, if there are custody issues involved, it would be the judgment of the investigator not the judge that matters. _________________
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