Hicks v. Hicks

Krivosha, C.J.,

dissenting.

I regret that I must respectfully dissent in this case. I believe that we have imposed an improper double standard in this case. While I may not condone the actions of the appellant in this case, I do not believe that they are sufficient grounds upon which to deny to her the custody of her minor daughter.

The majority begins by acknowledging that under present statute no preference may be given to either parent based upon the sex of the parent and that there is no presumption that either parent is more fit to have custody of the children than the other. Having said that, we then proceed to determine that the mother should not have custody of the child because of her relationship with a male companion. I doubt we would take such action if the situation were reversed. It appears to me that we have imposed a double standard, which I had thought we had earlier eliminated from the law. I would have reversed the decision of the trial court and granted custody to appellant, who might raise her daughter as a natural *592mother would, rather than having entered an order which will result in the child in effect being raised by her paternal aunt.