Farmer v. Farmer

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

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Nature of the Case

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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.