Tried to use ohios ban on same-sex marriage to abrogate the joint custody agreement she and therese leach signed when their now 12-year-old boy was little. If any issues exist where only one spouse is the legal parent, the other may receive no custody with possible no visitation legally. When dissolving the relationship, the two will need to consider these matters carefully. Legal help in lgbt families with child custody divorce is generally complicated with gay and lesbian couples. The review, entitled lesbian and gay parents and determination of child custody the changing legal landscape and implications for policy and practice, was published in the first issue of the american psychological associations (apa) new journal, psychology of sexual orientation and gender diversity, which was released in march 2014. a new academic review has surveyed the legal landscape for lesbian and gay parents in child custody cases, both with same-sex former partners and different-sex ones. It found that c ourts have not always taken into consideration the social science research that has found children raised by gay or lesbian parents are as well-adjusted as their peers raised by straight, cisgender parents. If you can agree on the issues of legal custody (who makes decisions about the child), physical custody (where the child lives), visitation (how often and under what conditions the noncustodial parent spends time with the child), and child support (the noncustodial parents contribution to the costs of raising the child), you will save yourselves -- and your kids -- a great deal of distress. The following are the most common custody arrangements in new jersey new jersey child custody options joint legal custody parents with joint legal custody are responsible for making major decisions for children, while one parent typically serves as the primary residential custodian for the child, and the other parent serves as the alternate. judges in child custody cases often do not consider social science research that shows gay and lesbian parents to be as fit as heterosexual ones,. There are no specific laws on child custody regarding whether or not a gays or lesbians can be awarded or denied custody, based on their sexual orientation. With that said, it is not uncommon for a judge to rule against a person who is gay, based on hisher own bias on the subject. What this means is that a judge, in most states, cannot rule specifically based on a persons sexual orientation. I always like to say to my clients, they have to think 1950s, said carol l.