TALLAHASSEE, Fla (Reuter) - A Florida court Friday ruled that a convicted murderer was a better potential parent for his 11-year-old daughter than her lesbian mother.
The Florida First District Court of Appeals upheld a trial court ruling made in September 1995 that removed Cassie Ward from the home of her mother, Mary Ward, and her lesbian partner. That ruling placed the daughter in the home of her father and Ward's ex-husband, John Ward, who was convicted 22 years ago of murdering his first wife.
Mary Ward had appealed the ruling, saying that Pensacola trial judge Joseph Tarbuck had removed her daughter solely because of her lesbian relationship. But John Ward had countered that Cassie had exhibited inappropriate behavior, including poor hygiene, bad table manners and a preference for men's cologne, which warranted the change in custody.
Mary Ward had gained custody of Cassie in 1992. John Ward, who is now married to his fourth wife, sought to gain custody after his ex-wife sued for increased child support.
In Friday's ruling, the appeals court said the trial judge must be given extreme leeway in rendering decisions, saying Tarbuck had weighed all the evidence, not just Mary Ward's sexual orientation, in making his decision.
``Absent a showing of an abuse of discretion by the trial court, this court is not at liberty to disturb the modification of custody,'' the appeals court said in its opinion.
Mary Ward's attorney, Charlene Carres, could not say immediately whether Ward planned another appeal.
Article from San Jose Mercury, 01:28 PM ET 08/30/96
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