THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, May 23, 1995 TAG: 9505230290
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium: 52 lines
Lawyers for a lesbian mother denied custody of her toddler son asked a Virginia court Monday to reconsider its decision that a lesbian love relationship could be harmful to the child.
The Virginia Supreme Court ruled last month that Sharon Bottoms' relationship with a live-in lover, April Wade, made her home unfit for 3-year-old Tyler Doustou.
``We have previously said that living daily under conditions stemming from active lesbianism practiced in the home may impose a burden upon a child by reason of the `social condemnation' attached to such an arrangement,'' Justice Christian A. Compton wrote.
The American Civil Liberties Union asked the Supreme Court to hear the case a second time, arguing that the justices ignored evidence presented at trial.
The ACLU argued that the court did not adequately consider the testimony of a psychologist and another expert witness who said the child would not be harmed by living with his mother.
Tyler lives with his grandmother, Kay Bottoms, who sought full custody of him.
``I don't think the court is going to reverse itself. It's not going to happen,'' said Richard Ryder, Kay Bottoms' lawyer. ``I would be surprised if they agreed to hear it.''
The court did not rule Monday on whether to accept the case a second time.
``The psychologist concluded that Sharon Bottoms is `warm' and `responsive' with her son,'' and Tyler seems happy and at ease, the ACLU wrote in court papers.
The court cited other reasons for denying custody to Sharon Bottoms, 25. The divorced mother has a history of moving from place to place, relies on others for support and has a quick temper, the court found.
Sharon Bottoms, of Richmond, is unemployed. She has court-approved visitation one day a week. ILLUSTRATION: Photo
ASSOCIATED PRESS
Sharon Bottoms, left, and April Wade head for a radio studio last
month in Richmond. Bottoms, who was denied custody of her 3-year-old
son, Tyler Doustou, is getting help from the American Civil
Liberties Union in her effort to get another hearing in her custody
battle.
by CNB