Six years ago when my husband and new boyfriend all decided to cohabitate under the same roof– I felt pretty smug. I had created a situation where I got to have my husband of 20 years and a new lover as well. We converted our single-family home into a duplex. My husband and his new girlfriend moved into one side of the house, while I lived on the other side with my new man, Oz. Our children had their bedrooms under >But not everyone was thrilled for us. When Oz, told his ex-wife he was giving up his apartment permanently to move in with me, she slapped him with a custody suit. She was determined that their two children would never live in my home. She accused us of all kinds of perversities and insisted the household was unsafe for their children. During the hearings, we were basically investigated for being polyamorous. Thus began my painful education into the fears and bigotry surrounding my alternative chosen family.
It was a baptism of fire. We were evaluated by the courts for over year then suddenly the kids were allowed to move in– almost on a fluke. I wrote about this “best of times & worst of times” in my memoir “Wide Open”.
But even after Oz’s children moved in, we all felt vulnerable. Until there are laws that protect polyamorous people, swingers and those with any openness in their marriage—we are unprotected from people who would use our sexuality to attack us.
Here are three things that I would advise you do if you are confronted with child custody issues:
1) Shift the Focus off Your Sexuality
There are lousy polyamorous parents and lousy monogamous parents, there are also fantastic polyamorous parents and fantastic monogamous parents. Your sexuality does not determine your effectiveness and goodness as a parent. One mistake we made was trying to justify and explain our lifestyle to the courts. In hindsight this further put our sexuality on display. Better to do just the opposite. Focus on your excellent parenting skills. This is assuming you are a good parent. If you aren’t—you’re in trouble. Because similar to other bigotry– you will have to be a better parent than the average monogamous parent.
Your sexual habits will be under scrutiny. But my advice is to respond to attacks and queries in the reverse context. Describe how your bedroom has a lock on it and is on a separate floor. Subtext: Of course we do not have sex in front of our children! Describe your community, your village which supports your excellent parenting. Subtext: We do not have orgies in the living room while the kids play with Legos—we are a kid-orientated responsible family. Get letters of recommendation from teachers’, friends, co-workers, anyone who has witnessed your parenting and can accurately describe your parental strengths.
2. Hire a Good Lawyer.
But don’t stop there– educate your lawyer. Utilize local LGBT organizations for legal strategy. Gay rights activist groups have already dealt with the kind of situations and bigotry that you may be confronted with in court. You will likely need to work with your lawyer on a game plan. Don’t turn your case over to your lawyer without thoroughly discussing how they will represent and fight for you. Don’t hire a lawyer just because they’re polyamorous. This is a mistake. Hire a very sharp, aggressive lawyer with a proven track record in custody cases. Someone who pays attention, is open to collaborating on methods/strategy, understands your situation and will advocate for you with clarity and intelligence.
3. Take Really Good Care of Yourself.
When I look back at this time it was one of the most stressful of my life. I was on edge for the entire two years that we were embroiled with the courts and their appointed evaluator. Reach out to your support network, find ways to calm yourself down and deal with your stress. It’s extremely challenging to deal with the courts and even more so with the potential of losing your children– my heart goes out to anyone going through it.
You can e-mail Gracie X at GracieX.com.
This post is part of the Raising Children in Polyamorous Families blog series
Gracie X is a Writer, Director, and Actress. She is the author of “Wide Open: My Adventures in Polyamory, Open Marriage and Loving On My Own Terms” now available wherever books are sold.
She started a relationship odyssey nearly a decade ago that inspired her to create an unconventional polyamorous chosen family. For the past several years the idea that people can authentically construct their relationships, marriages, and families while meeting the needs of everyone involved– has cracked her wide open. She can’t stop writing, talking, or thinking about it. Her main message is do it your own way. “There is so much more spaciousness in our relationships to get our needs met—and there’s not one correct way to do it. There are a spectrum of options from monogamy to polyamory and all the nuances in between.” She encourages people to create a unique ‘relationship mission statement’ and set up their marriages, poly relationships and families in the way that works best for them.
She has been a principal on “Nash Bridges”, and numerous local TV and commercials. Her short film which she directed and co-stars premiered in the San Francisco Gay and Lesbian Film Festival. It has played at “The Outfest” in Los Angeles, Amsterdam, Germany, Seattle, Orlando, and on San Jose’s Public TV channel KTEH. Her plays have been produced by ‘Brava! For Women in the Arts”, The Climate Theater, Solo Mio, The Chi Chi Club, The Fringe Festival, The Marsh and Josie’s Juice Joint. Gracie X has toured throughout San Francisco, Vancouver and Los Angeles. A graduate of Bard College, she has worked with Peggy Shaw and Lois Weaver at the WOW Cafe in New York City.