In Re Marriage of Birdsall
Opinion
Opinion
Sonenshine, J.
A homosexual father challenges a court order prohibiting him from exercising overnight visitation with his minor son in the presence of any third person known to be homosexual.
I.
In March 1985, after eight and one-half years of marriage, Greg and Linda Birdsall separated. Greg’s petition to dissolve the marriage requested, among other things, primary physical custody of their son, Shaun, born April 20, 1979, joint legal custody, and visitation rights reserved to Linda. In her response, Linda requested sole legal and physical custody, with reasonable visitation to Greg.
At the hearing on Linda’s initial order to show cause, the parties stipulated to joint legal custody with physical custody to Linda. Greg was allowed specific visitation of one weekend each month, from 6 p.m. Friday to 6 p.m. Sunday, Monday afternoons after school until 7 p.m., and alternating legal holidays. Because Greg is homosexual, Linda requested a restraining order precluding him from exercising his overnight visitation rights at his resi dence. Greg stipulated to this request, and the parties also agreed to have psychological examinations for themselves and the minor child.