The Psychological Consequences of Judically Imposed Closets in Child Custody and Visitation Disputes Involving Gay or Lesbian Parents

This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. This research does not support the assumption of custody and visitation courts that it is harmful to * Professor and Director of International Legal Programs, Washburn University School of Law. B.A. (1972) and J.D. (1975) University of North Dakota; LL.M. (1979) Harvard University. The author gratefully acknowledges Washburn University School of Law for funding her contribution to this article through a summer research grant. She also thanks Washburn University School of Law students Elizabeth Myers and Natalie Gibson (2004), Tateasha Davis (2005), and Angela Weatherford (2006) for their excellent research assistance. ** Assistant Professor, Washburn University Department of Social Work. B.A. (1972) University of Wisconsin; M.S.W. (1978) and Ph.D. (1994) University of Kansas.