Holt v. Chenault

OPINION OF THE COURT

The primary issue in this case is whether a trial judge may consider the issue of race in determining a question of child custody. We declare that he may not, based on the case of Palmore v. Sidoti, 466 U.S. 429, 104 S.Ct. 1879, 80 L.Ed.2d 421 (1984).

Movant, Danny Holt, and Respondent, Barbara Chenault, are the parents of Dawn Holt. When the parties divorced in 1978, custody of their infant child was granted to the mother, Barbara. In 1984, following Barbara’s remarriage, the movant, Danny, sought a change of custody. Movant’s petition for modification was granted by the…