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ROE v. ROE

Record No. 832044.

324 S.E.2d 691 (1985)

Catherine ROE v. David ROE.

Supreme Court of Virginia.

January 18, 1985.

Attorney(s) appearing for the Case

Richard J. Byrd, Fairfax (Moshos, Byrd, McClure, McWeeny & De Deo, P.C., Fairfax, on brief), for appellant.

James M. Lowe, Alexandria (A.D. Meltz; Lowe & Meltz, Alexandria, on brief), for appellee.

American Civil Liberties Union of Northern Virginia; Center for Constitutional Rights; Lesbian Rights Project; Women's Legal Defense Fund (Ronald W. Stern; John P. Rupp; James R. Stirn; Nancy Polikoff; Covington & Burling; Washington, D.C., Women's Legal Defense Fund, on brief), amici curiae, for appellee.

Present: All the Justices.

RUSSELL, Justice.

This child-custody dispute presents the question whether a child's best interests are promoted by an award of custody to a parent who carries on an active homosexual relationship in the same residence as the child. We conclude that such an arrangement is not in the child's best interests and that an award of custody to such a parent constitutes an abuse of judicial discretion.

Catherine Roe, the mother, and David Roe, the father, (fictitious...

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