Constant A. v. Paul C.A.

I respectfully dissent. In the context of partial custody, I would hold that a parent’s homosexuality is a relevant consideration if it can be shown that the parent’s homosexual behavior adversely affects the child(ren) in question.

It is important to recognize that the question before the court is limited to expanded partial custody. The majority does not recognize this limitation and writes without distinguishing standards for shared custody, sole custody and partial custody. At 52-54. The mother-appellant in the case sub judice is not requesting shared custody, sole custody or unrestricted…