Matter of Cabalquinto
100 Wn.2d, 669 P.2d 886 (1983)
Ernest and Cheryll were
married and had a child (Michael). Then they broke up.
As part of the Colorado
divorce decree, Cheryll was granted sole custody of Michael, and Ernest got liberal
visitation rights.
Cheryll moved to Washington
and Ernest moved to California. For a few years he would go up to
Washington to visit Michael, but eventually wanted Michael to come visit
him in California. Cheryll said no.
Cheryll had conveniently
moved close to Ernest's parents, so he visited Michael when he was at
his parents' house.
Ernest went to a Washington
Court and asked them to interpret the Colorado decree to say that he could
take Michael to California.
The Trial Court denied
Ernest's request. He appealed.
The Trial Court found that
the current situation was in the best interests of the child, and were enough for Ernest and
Michael to develop a close relationship without undue expense or
inconvenience.
The Court put great weight
on the fact that Ernest was gay.
"A child should be led
in the way of heterosexual preference, not be tolerant of this
homosexuality thing...It cannot do the boy any good to live in such an
environment."
The Court made no findings
of how a visitation could endanger Michael's physical, mental, or
emotional health.
The Washington Supreme Court
reversed and remanded.
The Washington Supreme Court
found that a parent's homosexuality was not an appropriate factor in
making custody or visitation determinations.
Especially in this case,
because the Trial Court based their decision on conjecture, not on conduct. They had no evidence that Michael would be
damaged, or that Ernest would do anything inappropriate, they just
assumed.
The Court found that the
needs of the child (aka best interests) should be the determining factor.
In this case, the Trial
Court did not determine best interests, so the case was remanded to determine where Michael's best
interests lay.
In a dissent it was argued
that the Trial Court's decision was so outrageous (aka an abuse of
discretion) that the Court shouldn't
remand, they should simply overturn.