Thomas (H) and Carol (W) were married in 1986 with one child being born to the marriage. The marriage was dissolved in 1990 and W was given custody with reasonable visitation to H. In 1995, H filed a motion to modify custody of the child. W filed a cross-petition denying the allegations of H's motion and filed a cross-petition for an increase in child support and attorney fees. H alleged that W had been involved in a homosexual relationship after the divorce and that she has attempted suicide prior to marriage and during marriage. The child expressed a desire in chambers to stay with W. The trial judge ruled in W's favor, increased child support and awarded $1,250 in attorney fees. H appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.