Chicoine v. Chicoin

479 N.W. 2d 891 (1992)

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Nature of the Case

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Facts

Michael (H) and Lisa (W) were married in 1983. Two children were born while W began a series of lesbian affairs with W's lover even insisting that she be present for one of the children's birth. W broke up with that lover and then entered a treatment program for anorexia nervosa. After that treatment, W returned to the home and began an open series of homosexual affairs. W then abandoned the home and moved in with a lesbian lover and took the children and made plans to have sole custody of the children and to raise them after W and her lesbian lover were married. H obtained temporary custody and then filed for divorce. The trial court granted the divorce and custody of the children to H. W was undergoing treatment for various psychological problems and did not contest the divorce or the custody award. W was awarded visitation provided that no unrelated female or homosexual male could be present during the child's visits. H appealed in that the trial court abused its discretion by allowing unsupervised overnight visits. The casebook lists 14 different findings of fact by the trial judge with relation to W exposing her children to her sexual conduct and lifestyle.