Farmer v. Farme

439 N.Y.S.2d 584 (1981)

Facts

Linda (W) and Billie (H) were married in 1973. They had one child. They decided to divorce and an uncommonly long and bitter nonjury trial was had in which H disputed and claimed that it was in the child's best interests that because of her intermixed race, that the child should be given to H as her interracial heritage demanded that the child live with H with whom she would be racially identified with by a racially conscious society. Before judgment was rendered, H took off with the child and was eventually found in San Francisco. W claimed that she was entitled to custody based on the physical abuse by H to her to which H counterclaimed for cruel and inhuman treatment. The testimony of five experts in the field of psychology, social work and psychiatry were called to support each side of the issue. H entered evidence regarding black culture and identity, and W entered evidence that related to race being a factor, but the parent child relationship was more important. W prevailed on her claims and H appealed.