Bottoms v. Bottoms
Encyclopedia
Bottoms v. Bottoms was a landmark child custody
case in Virginia
that awarded custody of the child to the grandmother instead of the mother, primarily because the mother was a lesbian
. In April 1993, Kay Bottoms sued her daughter, Sharon Bottoms, for custody of Sharon Bottoms' son, Tyler Doustou. On April 5, 1993 judge Buford Parsons ruled that Sharon Bottoms was an unfit parent and Kay Bottoms was awarded custody of her grandson. Sharon Bottoms was allowed visitation
rights two days a week, but Tyler was not allowed in his mother’s home or to have any contact with his mother’s partner."
. On July 5, 1991, Tyler Doustou was born.
Sharon lived with her mother, Kay Bottoms, for the first few months after Tyler was born. On Memorial Day
, 1992, Sharon met April Wade at a picnic
. They began dating and in September of that year, Sharon and Tyler moved in with April. A month after that, Sharon and April had a commitment ceremony, pledging to stay together for life.
Tyler was spending a lot of time with his grandmother "because Sharon felt overwhelmed by the burden of motherhood." However, after the commitment ceremony, Sharon pledged to be a better mother to Tyler. As such, she told Kay that she would be seeing less of Tyler. In response, in March 1993, Kay Bottoms "asked the local family court for custody
and got it."
hearing in April 1993, Sharon Bottoms admitted that she hadn't been the best mother. She had hit Tyler twice and cursed
in front of him. For a year, she lived on welfare.
Also at the hearing, "Sharon acknowledged that she and April -- whom Tyler calls "Addle" -- had kissed and gently caressed each other in front of the boy." However, court-appointed psychologists did not find that Tyler had suffered ill effects from being in the care of Sharon Bottoms and April Wade. Moreover, Dennis Doustou testified on behalf of Sharon Bottoms, saying of Kay Bottoms to reporters: "The woman is cold-hearted...It's no reason to take a child from his mother. That's totally wrong."
judge Buford M. Parsons ruled that, since homosexual sex was illegal in Virginia
, Sharon Bottoms was a criminal because she “admitted in this court that she is living in an active homosexual relationship
.” "Parsons wrote that “the mother’s conduct is illegal. . . . Her conduct is immoral and . . . renders her an unfit parent.” Sharon Bottoms was allowed visitation
rights two days a week, but Tyler was not allowed in his mother’s home or to have any contact with his mother’s partner, April Wade."
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
case in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
that awarded custody of the child to the grandmother instead of the mother, primarily because the mother was a lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
. In April 1993, Kay Bottoms sued her daughter, Sharon Bottoms, for custody of Sharon Bottoms' son, Tyler Doustou. On April 5, 1993 judge Buford Parsons ruled that Sharon Bottoms was an unfit parent and Kay Bottoms was awarded custody of her grandson. Sharon Bottoms was allowed visitation
Contact (law)
In family law, contact is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child...
rights two days a week, but Tyler was not allowed in his mother’s home or to have any contact with his mother’s partner."
Background
Sharon Bottoms married Dennis Doustou when she was 18. Though they separated a few months later, Sharon discovered she was pregnantPregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
. On July 5, 1991, Tyler Doustou was born.
Sharon lived with her mother, Kay Bottoms, for the first few months after Tyler was born. On Memorial Day
Memorial Day
Memorial Day is a United States federal holiday observed on the last Monday of May. Formerly known as Decoration Day, it originated after the American Civil War to commemorate the fallen Union soldiers of the Civil War...
, 1992, Sharon met April Wade at a picnic
Picnic
In contemporary usage, a picnic can be defined simply as a pleasure excursion at which a meal is eaten outdoors , ideally taking place in a beautiful landscape such as a park, beside a lake or with an interesting view and possibly at a public event such as before an open air theatre performance,...
. They began dating and in September of that year, Sharon and Tyler moved in with April. A month after that, Sharon and April had a commitment ceremony, pledging to stay together for life.
Tyler was spending a lot of time with his grandmother "because Sharon felt overwhelmed by the burden of motherhood." However, after the commitment ceremony, Sharon pledged to be a better mother to Tyler. As such, she told Kay that she would be seeing less of Tyler. In response, in March 1993, Kay Bottoms "asked the local family court for custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
and got it."
Hearing
At the circuit court appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
hearing in April 1993, Sharon Bottoms admitted that she hadn't been the best mother. She had hit Tyler twice and cursed
Profanity
Profanity is a show of disrespect, or a desecration or debasement of someone or something. Profanity can take the form of words, expressions, gestures, or other social behaviors that are socially constructed or interpreted as insulting, rude, vulgar, obscene, desecrating, or other forms.The...
in front of him. For a year, she lived on welfare.
Also at the hearing, "Sharon acknowledged that she and April -- whom Tyler calls "Addle" -- had kissed and gently caressed each other in front of the boy." However, court-appointed psychologists did not find that Tyler had suffered ill effects from being in the care of Sharon Bottoms and April Wade. Moreover, Dennis Doustou testified on behalf of Sharon Bottoms, saying of Kay Bottoms to reporters: "The woman is cold-hearted...It's no reason to take a child from his mother. That's totally wrong."
Verdict
The Virginia Circuit CourtVirginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
judge Buford M. Parsons ruled that, since homosexual sex was illegal in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, Sharon Bottoms was a criminal because she “admitted in this court that she is living in an active homosexual relationship
Same-sex relationship
A same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...
.” "Parsons wrote that “the mother’s conduct is illegal. . . . Her conduct is immoral and . . . renders her an unfit parent.” Sharon Bottoms was allowed visitation
Contact (law)
In family law, contact is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child...
rights two days a week, but Tyler was not allowed in his mother’s home or to have any contact with his mother’s partner, April Wade."