The
couple met a young man at a church function and they became friends. Close
friends. So close, in fact, that their friendship grew to the point that they
spent evenings together at the couple's home, talking about their lives and
past history. Particularly about their past sexual experiences. Eventually, the
relationship grew into three-way sexual encounters.
At some point, Wife decided that
Friend was preferable to Husband and decided she wanted to terminate her
marriage. The point of contention when the case showed up in my courtroom was
custody of Husband and Wife's three-year-old daughter.
Husband's argument for granting him
sole custody of the child was based upon the fact that Wife had moved in with
Friend. During the trio's discussions of their previous sexual histories,
Friend had revealed that, as an adolescent growing up on a dairy farm in
northern Ohio, he had a sexual relationship with a heifer. (For those of you
without knowledge of bovine facts, a heifer is a young cow before she has had
her first calf.)
This youthful indiscretion on the
part of Friend, Husband argued, demonstrated that he was not fit to be around a
young child. This was the sum total of his claim that the child's best interest
would be served by naming him as the sole residential parent and legal
custodian, and that it was necessary to limit Wife's visitation to times when Friend was not around.
Since Wife had professed her intention to marry Friend upon the granting of her
divorce from Husband, the situation would be very complicated.
The balance of the evidence clearly
demonstrated, however, that Wife had much greater involvement in the care and nurturing
of the child, and, in fact, that Husband was quite remote, had never been to
the child's medical appointments, and that he couldn't even tell me the name of
the woman who provided in-home child care for the daughter.
After I ruled from the bench that I would
designate Wife as the custodian for the child, the parties and their lawyers
left the courtroom. My bailiff, the irrepressible Harriet, followed me to my
office and declared: "Well, I guess you could call that case mooooo-t!"
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