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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.

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