Piatt v. Piatt

499 S.E.2d 567 (1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W were married in July 1989, and their child was born on January 13, 1993. Both parents worked, and child care was provided by Tara Angyal. H and W entered into a settlement agreement under which they cared for the child on alternate weekdays and weekends. The settlement agreement provided that a custody evaluation would be performed by Dr. Lane. Dr. Lane recommended that the parties share joint legal custody and that W have primary physical custody with liberal visitation for H. Dr. Lane assessed W's parenting abilities as being demonstrably broader in scope at this time than those of H and in the perceived greater responsiveness of the child to her. At trial, both presented evidence concerning their post-separation relationships with third parties. H had been involved in one heterosexual relationship, and W had participated in two homosexual relationships following the parties' separation. H planned to marry, and W admitted she was 'experimenting' and still dealing with the issue of her sexual orientation. Dr. Lane testified that 'there seems to be no credible documentation of damage to children' from being raised by a homosexual parent. The court agreed with Dr. Lane that 'both parents have good parenting skills. They both love their daughter, and their daughter loves both of them.' The trial court expressed doubt about the credibility of W's testimony. The court found that H is better qualified at this point to be the primary caretaker of the child. It awarded sole physical custody to H with joint legal custody. W appealed.