Public policy against a parent’s romantic cohabitation in postdissolution child custody and visitation matters was not a blanket rule but was instead ancillary to primary consideration of the best interests of the child. Thus requiring remand for trial court to reconsider its decision to prohibit father’s long-term, same-sex domestic partner from being present during any overnight visitation with the child, even in the absence of any finding of evidence of harm to the minor child, in proceedings on father’s motion to modify custody and visitation.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com