If the legal parent in a gay relationship dies, who should get custody of the children?

Asked at Massachusetts Street on April 03, 2005

“I think that if the partner of the legal guardian is a fit parent, then custody should be given to them.”

“I think the other partner should be able to gain custody through the courts. It should probably be handled on a case-by-case basis.”

“I think that if it's a healthy household, there is no reason the other partner shouldn't be given custody.”

“I think the child should stay with the surviving partner. Especially if they have raised the child since birth or adoption.”