Document Type

Article

Publication Date

2025

Abstract

Identity development is one of the most important processes that occur during childhood. For certain populations of children, such as those who are LGBTQ+ or multiracial, the path to healthy identity development is substantially more complicated. These children must navigate the development of their identities while existing in a world in which they will frequently encounter a lack of societal understanding and acceptance. Children within these populations face elevated risks of short- and long-term harms, including suicidal ideation, depression, substance abuse, and low self-esteem. As a result, it is critically important that LGBTQ+ and multiracial youth receive support in developing a healthy identity with respect to their sexual orientation, gender, and race. Social science research indicates that the type of identity support that has the greatest protective effect for LGBTQ+ and multiracial youth is the support provided by a child’s parents. Children who are LGBTQ+ or multiracial generally fare significantly better when they are raised by parents who support and encourage their identity development. Despite this reality, under current state laws governing child custody, there is no requirement that courts consider each party’s support (or lack thereof) for a child’s identity development in determining which party should receive custody of a child. This Article argues for legal reform to ensure that, when relevant, courts consider support for a child’s identity development as a factor when making custody determinations. It sets forth detailed proposals addressing how states can integrate identity support into existing laws governing child custody.

Publication Title

University of Colorado Law Review

Volume

96

Issue

4

Article Number

1170

First Page

955

Last Page

1011

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