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Piatt v. Piatt

Court of Appeals of Virginia

499 S.E.2d 567 (1998)

Relevant factsFree

In the Piatts' divorce, a custody evaluator recommended Ms. Piatt (plaintiff) have primary physical custody, but the trial court instead awarded primary physical custody to Mr. Piatt (defendant) with liberal visitation for Ms. Piatt, after evidence that both parents had post-separation relationships -- Mr. Piatt in a serious relationship he intended to make permanent, and Ms. Piatt in relationships with two women while she described herself as exploring her sexuality. The evaluator testified there was no reliable evidence that a homosexual parent's household harms a child, and Ms. Piatt appealed, arguing the trial court treated her relationships differently than Mr. Piatt's.

IssueFree

Whether a parent's post-separation sexual relationships should be considered in a custody determination when those relationships do not affect the parent's relationship with the child.

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