West v. West

OPINION

BRYNER, Justice.

I,. INTRODUCTION

The court presiding over Marlene and Brian West's divoree gave Brian primary custody of the Wests' son Cody; the court based its decision primarily on Brian's anticipated remarriage, which, the court found, would offer Cody the benefit of a "two-parent household." We reverse, holding that custody awards may not be based on the assumption that a divorced parent who remarries can provide a better home than an otherwise equally competent parent who remains single.

II, FACTS AND PROCEEDINGS

Marlene and Brian separated after seven years of marriage. Upon…