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

H and W were married on May 23, 1981. In 1989 or 1990, the couple separated. During this period of separation, W became involved in a lesbian relationship and began sharing a residence with her lesbian partner. H and W shared joint legal and physical custody of their two children, an eight-year-old daughter, and a five-year-old son. The children lived with each parent on an alternating weekly basis. Approximately three weeks after the finalization of her divorce, W 'exchanged vows' with her lesbian partner, with the intent to enter into a permanent and monogamous relationship. H objected to W having custody, fearing the children would be ridiculed by their peers and would react negatively in the future to their mother's sexual orientation. H petitioned the court for a modification of custody. The trial court awarded primary physical custody to W, subject to reasonable and liberal visitation with H. A clinical psychologist recommended that the court award physical custody of both children to W; W and her partner were good parents who were discreet about the sexual portion of their relationship. There was no evidence that the children were ridiculed by classmates or reacted negatively to W’s sexual orientation. The children stated a preference to live with W. H appealed.

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