Section 9.15 Parents in Same-Sex Relationships

• Library: Family Law Deskbook and 2014 Supp

H. (§9.15) Parents in Same-Sex Relationships

In T.C.H. v. K.M.H., 784 S.W.2d 281 (Mo. App. E.D. 1989), the court held that a homosexual parent cannot be denied custody solely because of the parent’s sexual preference. The court required that there actually be a nexus between the harm to the child and the parent’s homosexuality to disqualify the parent from custody. This court, nonetheless, found that the mother’s lesbian relationship was harmful to the children and restricted her custody.

The rights of a homosexual parent were discussed at length in DeLong v. DeLong, No. 52726, 1998 WL 15536 (Mo. App. W.D. Jan. 20, 1998), on reh’g, J.A.D. v. F.J.D., 978 S.W.2d 336 (Mo. banc 1998). In DeLong, “the trial court focused primarily on Mother’s homosexual conduct in awarding custody of the children to Father.” DeLong, 1998 WL 15536, at *12. The Western District concluded this was in error and remanded the case for additional findings concerning the effect of the mother’s homosexuality on her children. The court also reaffirmed that the “nexus” approach should be applied to these cases, holding that there must be a connection between the parent’s sexual orientation and harm to the child for it to have any relevance. But the Supreme...