Sanderson v. Tryon

739 P.2d 623 (1987)

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Nature of the Case

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Facts

Sanderson (W) and Tryon (H) were the natural parents of three children two of which were born during their polygamous relationship. The parties separated and W took the children. The parties were never legally married, so no divorce was sought. W then 'married' Bill Bowles who was already living in a polygamous relationship with two other women. H had abandoned the practice since W had separated from him. The issue before the court was whether the children should be taken from an otherwise fit and proper parent based solely on the issue of polygamy. The trial court ruled for H based on the fact that W was engaged in polygamy. W appealed.