You are assuming the he and his partner weren't doing these things with the boy as well together. I can't say if this guys partner knew or didn't know, pleanty of children get abused by one parent without the other knowing. And others get abused by both parents. However, I know if I were the courts or the cops I'd be investigating this partner as well and I sure would not be granting custody to this other adoptive "father" without a full investigation.
Cruel for him if he wasn't involved, but if your number one priority is the safety of the child, you cannot put the child back into that until you are certain its ok. Which of course is subjective, since I don't personally believe having a child being raised by two gay men is ever going to be a great thing for any child.
Are the men “married” under law?
Can the boyfriend be compelled to testify against his partner? Married couples cannot be made to spill the beans (which is why we still see the Clintons married and in political office).
I agree completely. Even in heterosexual cases the wife would not immediately or automatically get custody. She would have to be investigated and it would have to be determined that she did not contribute to the abuse or ignore it. Even then the question arises—how good a parent is that person when they didn’t realize what was happening and protect their child?
This partner, assuming he wants the two children, has a long road ahead of him to prove that he is a fit parent.