dissenting:
I respectfully dissent. In the context of partial custody, I would hold that a parent’s homosexuality is a relevant consideration if it can be shown that the parent’s homosexual behavior adversely affects the child(ren) in question.
It is important to recognize that the question before the court is limited to expanded partial custody. The majority does not recognize this limitation and writes without distinguishing standards for shared custody, sole custody and partial custody. At 52-54. The mother-appellant in the case sub judice is not requesting shared custody, sole custody or unrestricted access (At 58) but delimited partial custody.
Also, it is important to note that the issue of privacy has been raised sua sponte by the majority. At 54-58. Said issue was neither briefed nor argued by the parties, and accordingly, this court is precluded from deciding the issue. Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256 (1975).1 The majority relies on Doe v. Commonwealth’s Attorney for Richmond, 403 F.Supp. 1199 (E.D.Va.1975), aff'd, 425 U.S. 901, 96 S.Ct. 1489, 47 L.Ed.2d 751 (1976). The majority states, “The United States Supreme Court, in Doe v. Richmond, supra, found no problem in prohibiting homosexual activity between consenting adults.” At 56. This is not a *69correct statement. It is significant that the United States Supreme Court did not issue an opinion in Doe v. Richmond. Rather, the Supreme Court affirmed a divided three-judge Virginia district court which declined to grant declaratory or injunctive relief to bar enforcement, or threatened enforcement, of the state’s sodomy statute against male homosexuals.
The Supreme Court’s summary affirmance of the Virginia district court’s ruling has limited precedential value, Edelman v. Jordan, 415 U.S. 651, 677, 94 S.Ct. 1347, 1362, 39 L.Ed.2d 662 (1974), and has been criticized as “an egregious example of an unexplained summary affirmance.” P. Bator, D. Shapiro, P. Mishkin & H. Wechsler, Hart and Weschler’s The Federal Courts and the Federal System 112 n. 1 (Supp.1977); see also L. Tribe, American Constitutional Law 943 (1978). Thus, the majority’s foundation for the broad privacy concepts it asserts is weak. I explain this not from a reverence for technical purity but to indicate that the majority’s discussion on privacy cannot serve as the basis for future decisions on the subject in this Commonwealth.
The scope of appellate review in partial custody matters is analogous to that in custody matters. The appellate court is bound by the trial court’s factual findings if supported by competent evidence of record. Commonwealth ex rel. Robinson v. Robinson, 505 Pa. 226, 478 A.2d 800 (1984). The scope of appellate review is otherwise broad. Id.; Commonwealth ex rel. Spriggs v. Carson, 470 Pa. 290, 368 A.2d 635 (1977); In re Donna W., 325 Pa.Super. 39, 472 A.2d 635 (1984).
In denying expanded partial custody, the trial court stated:
3. Notwithstanding the efforts of the so called “Gay Rights” movement, we conclude that the natural mother’s lesbian relationship shows her moral deficiency; however, there is no proof that the mother’s homosexuality constitutes a grave threat to the children.
*704. Under such circumstances, we will consider the factor of the natural mother’s lesbian relationship only to limit visitation[2] and not to completely deny it.
Its reasoning was further explained in the Decree Nisi:
(b) The limited visitation provided herein is sufficient to maintain the natural mother’s identity with the children. Any greater periods would be burdensome to the children and unduly interfere with the father and stepmother’s primary caretaking responsibilities. Moreover, the children have become so secure and well adjusted in their present home that we fear it will be harmful to award a greater parental role to the natural mother.
The trial judge’s thoughtful opinion reflects an appreciation for a stable traditional family. I have no doubt that such a natural family is a more certain base for children’s healthy development. But courts can neither create traditional families for children where the truth reveals otherwise nor insulate children from parents who do not fit the traditional mold.3 It is not desirable for the court to shield children from significant contact with a parent whose lifestyle the court might find unacceptable without a showing that the parent’s behavior will adversely affect the children.
For many years homosexual relationships were kept hidden from the view of society. However, they have now become more open, and to some degree more accepted in our culture. Parents living in openly homosexual relationships have begun to use the courts to seek custody and *71partial custody. See, e.g., Basile, Lesbian Mothers I: Custody and Homosexual Parents, 2 Women’s Rights L.R. 3, 1974; Evans, Parent and Child: M.J.P. v. J.G.P.: An Analysis of the Relevance of Parental Homosexuality in Child Custody Determinations, 35 Okla.L.R. 633 (1982); Kraft, Lesbian Child Custody, 6 Harvard Women’s L.J.183 (1983).
In the context of partial custody I would hold that a parent’s homosexuality is a relevant consideration if it can be shown that the parent’s homosexual behavior adversely affects the child(ren). In order for homosexuality to be relevant there must be a clear factual showing of a connection between the parent’s homosexuality and its adverse effect on the well-being of the children).
Judge Louis D. Stefan of Montgomery County outlined a nexus test which I would adopt.
In deciding custody, a judge should consider a parent’s sexual preference only where there has been a clear factual showing of a connection between the parent’s sexual preference and concrete harm to the child. Requiring a showing of nexus is particularly important where there exists such a great potential for subjective prejudice solely because one parent is a homosexual.
Commonwealth ex rel. Barron v. Decker, 107 Montg. 8, 12 (1980), quoting Hitchens, Martin & Morgan, Child Custody and the Homosexual Parent, 18 Judges J. 33, 35 (Fall 1979).
I find that the nexus test properly focuses the inquiry on the impact of the parent’s lifestyle and behavior on the child. It is inappropriate to focus the inquiry solely on a moral or psychological judgment of the parent’s behavior. The latter approach too easily results in the punishment of both the parent and child by depriving them of each other’s nurture, love and companionship. Campbell, Child Custody: When One Parent is Homosexual, 17 Judges J. 38.
Other jurisdictions have employed the “nexus” test in making custody and partial custody or visitation determinations where one parent is openly homosexual. See, e.g., *72Bezio v. Patenaude, 381 Mass. 563, 410 N.E.2d 1207 (1980); Schuster v. Schuster, 90 Wash. 626, 585 P.2d 130 (1978); In re J.S. & C., 129 N.J.Super. 486, 324 A.2d 90 (Chancery Div.1974), aff'd, 142 N.J.Super. 499, 362 A.2d 54 (1976); D.H. v. S.H., Ind.App., 418 N.E.2d 286 (1981), and cases cited in Evans, supra, and Hunter and Polikoff, Custody Rights of Lesbian Mothers: Legal Theory and Litigation Strategy, 25 Buffalo L.R. 691 (1976).
As the Supreme Judicial Court of Massachusetts stated, “The state may not deprive parents of custody of their children simply because their households fail to meet the ideals approved by the community ... [or] simply because the parents embrace ideologies or pursue lifestyles at odds with the average.” Patenaude, 310 Mass. at 570, 410 N.E.2d at 1216.
This court is once again faced with the question whether the law shall be tolerant of different lifestyles. Several years ago the courts in Pennsylvania were confronted with a similar dilemma in making custody and partial custody awards: whether to permit greater tolerance of parents’ non-marital sexual relationships with persons of the opposite sex. The courts responded responsibly and concluded that such non-marital sexual relationships were relevant only if they could be shown to have an adverse effect on the child(ren). Commonwealth ex rel. Holschuh v. Holland-Moritz, 448 Pa. 437, 292 A.2d 380 (1972); Commonwealth ex rel. Myers v. Myers, 468 Pa. 134, 360 A.2d 587 (1976); Brooks v. Brooks, 319 Pa.Super. 268, 466 A.2d 152 (1983).4 I would now apply the same analysis to non-marital sexual relationships with persons of the same gender.5
*73In the instant case I would analyze the record to determine whether a nexus exists between the mother’s homosexual lifestyle and harm to the children. I conclude that no nexus has been established. On the contrary, the record reveals that the mother’s life is stable. She has an enduring relationship with another person, an excellent work record, and she is a respected member of the community. The testimony of the mother, her employer, her co-worker and two lifelong friends support this conclusion. Record at 221-315; 315-330; 413-418; 418-446; 446-459.
Together, the mother and her childhood friend Cathy own a 10-room, 4-bedroom house which is well decorated and maintained. The mother had been working at New England Baptist Hospital for seven years at the time of the hearing, and had been recently promoted. Her employer was aware of her homosexuality. She described the mother as, “Very responsible, very thorough, very well organized. She helps me get through the day. She is always on time, very well respected in the hospital.” Record at 318. Cathy is a nurse-anesthetist working at another Boston hospital. Both the mother and Cathy are well respected and active in community affairs in their neighborhood.
In the instant case there was no showing that expanded partial custody would adversely affect the children. The testimony of the father and his witnesses concerned the relationship between the children and their mother before their mother moved to Boston, the stress her move created for them, and the limited contact she has had with the children since that time. The father presented no expert or lay opinion to support a conclusion that the children would *74be harmed by spending two weeks with their mother away from their father’s home.6
The necessary nexus between the mother’s lifestyle and harm to the children has not been demonstrated of record. I, therefore, would hold that the trial court erred in denying the mother’s petition for expanded partial custody in the absence of any showing that such an arrangement would adversely affect the children.
The trial court found that expanded partial custody would be unduly burdensome and would interfere with the primary caretaking responsibilities of the father and his new wife. The record does not support this determination. The inconvenience of travel and temporary separation of the children from their home is routinely experienced by many families in which parents live apart. Nothing in this record indicates that this family would be unusually or uniquely burdened by it. Similarly, there is no support in the record for the trial court’s concern that it would be harmful to award a greater parental role to the mother simply because the children are well adjusted with their father and his new wife. On the contrary, the children’s good relationship in their father’s home should help the children make easier adjustments with their natural mother in Boston.
Additionally, I note that the recent strain occasioned by visitation seems to be due, in great part, to the reluctance on the part of the father to allow the mother to play a maternal role in the lives of her children. This attitude is evidenced by his petition to terminate her parental rights, the trial court’s finding that he had recently created barriers to her visitation (At 57-58), and testimony that he had *75told the mother that the children didn’t need her anymore. Record at 81.
The children both testified that they did not wish to travel to Boston and would be satisfied if they never saw their mother again. Although the children may be reluctant to leave their familiar home and understandably may have feelings of resentment toward their mother, these sentiments are not controlling in partial custody cases. Fernald v. Fernald, 224 Pa.Super. 93, 302 A.2d 470 (1972); Commonwealth ex rel. Turner v. Strange, 179 Pa.Super. 83, 115 A.2d 885 (1955). Furthermore, I am not persuaded that the children reached these conclusions independent of the influence of their father and stepmother.
Both the father and the stepmother view the children’s monthly weekend visit at their maternal grandparents’ home as an inconvenience rather than an opportunity for the children to maintain a relationship with their mother and grandparents. Record at 83-87; 164. The stepmother testified that the children’s natural mother would not be welcome in her home. Record at 159. The children are aware of their father’s and stepmother’s feelings. When asked if he knew what these proceedings were about, Darren answered that his father and stepmother were trying to keep him and Andrea from going to Boston. Record at 141. The father asked both children to sign his petition for the termination of the mother’s parental rights, and explained to them what it would mean. Record at 70-71. To limit the mother’s contact with her children because their father has made it unpleasant and difficult would be unfair to both the mother and the children. See Commonwealth ex rel. Ermel v. Ermel, 259 Pa.Super. 219, 393 A.2d 796 (1978).
A careful review of the record supports granting expanded partial custody. It clearly traces the mother’s enduring concern for her children. The trial court noted the mother’s decision to leave Pennsylvania caused her great distress. She did not lightly make the decision to leave her traditional lifestyle which was approved by her family and friends in *76favor of a homosexual lifestyle which was unacceptable in her community. At 4. She realized it would create some initial stress for the children and their father.
The mother left Pennsylvania after explaining to the father that she was homosexual and that it would be best for the children if they remained with him in familiar surroundings supported by friends and family. The trial court noted that the mother did not abandon her children, but “quite to the contrary, she entered into a written agreement under which the primary caretaking responsibilities were assumed by the father, but reserving visitation rights for herself.” At 3.
The trial court found that with a few exceptions, the mother saw the children on a regular basis from the fall of 1975 until April 1979, and that recent lack of contact “resulted from barriers created by the father.” At 4-5. I would not draw a negative inference from the fact that the mother turned the children over to their father, “[r]ather, [I would] construe same as the action of a concerned and loving mother interested in promoting the best interest of her child[ren] at that juncture.” In re Wesley J.K., 299 Pa.Super. 504, 508, 445 A.2d 1243, 1245 (1983) (footnote deleted).
In support of expanded partial custody, the mother testified that she wants Andrea and Darren to visit her in Boston so that they can develop a fuller relationship. She delayed this request until she felt they were old enough to travel, and she was able financially to provide transportation for them. She plans to take them to the hospital where she works, to Cape Code, the Aquarium, the Museum of Science, and other attractions in the Boston area. Each child would have his or her own bedroom while visiting the mother. She has not told them that she is a homosexual, and does not know if anyone else has done so. She would seek professional guidance regarding the best way to approach this issue with them.
The analysis I advocate supports Pennsylvania’s long and deeply held conviction regarding the importance of partial custody and visitation. Partial custody has been granted in *77this Commonwealth even when the non-custodial parent has had little contact with the child for long periods of time, Fernald; Strange; Commonwealth ex rel. Boschert v. Cook, 122 Pa.Super. 397, 186 A. 229 (1936), and where the children do not wish to visit the non-custodial parent. Pamela J.K. v. Roger D.J., 277 Pa.Super. 579, 419 A.2d 1301 (1980); Fernald.
This court has required the custodial parent to prepare a child for such visits by urging the use of parental authority to compel a reluctant child to visit with the other parent. Fernald; Commonwealth ex rel. Lotz v. Lotz, 188 Pa.Super. 241, 146 A.2d 362 (1958); Strange.
Partial custody is routinely granted even when the child must travel long distances from the custodial home. See, e.g., Pamela J.K.; Commonwealth ex rel. Shoemaker v. Shoemaker, 211 Pa.Super. 188, 235 A.2d 455 (1967); Commonwealth ex rel. Skurat v. Gearhart, 178 Pa.Super. 245, 115 A.2d 395 (1955).
The court’s clear and strong line of cases supporting partial custody is founded on public policy encouraging continued contact and relationship between natural parent and child. Pamela J.K.; Spells v. Spells, 250 Pa.Super. 168, 378 A.2d 879 (1977). “Every parent has the right to develop a good relationship with the child, and every child has the right to develop a good relationship with both parents.” Pamela J.K., 277 Pa.Super. at 593, 419 A.2d at 1309.
Visitation rights of a parent not in custody have long been a matter of concern to the law of this Commonwealth. They must be carefully guarded for when parents are separated and custody is placed in one of the parents, there exists a danger that the parent having custody of the child may use his or her advantageous position to alienate the other parent from the affections of the child.
Lotz, 188 Pa.Super. at 246, 146 A.2d at 364.
In conclusion, I would reverse the order of the lower court insofar as it denied expanded partial custody, and in *78all other respects, I would affirm the order of the trial court, i.e., its provision for monthly weekend partial custody for the natural mother, and its separate provision for partial custody for the maternal grandparents.
. Furthermore, the Pennsylvania Supreme Court has repeatedly stated that a court of this Commonwealth "should not reach [a] constitutional issue if [a] case can properly be decided on non-constitutional grounds.” Ballou v. State Ethics Commission, 496 Pa. 127, 129, 436 A.2d 186, 187 (1981) (footnote deleted), reargument denied, December 1, 1981.
. The trial court has substituted the word visitation for partial custody. The meaning of the word visitation as used by the trial court is the same as partial custody. " ‘[P]artial custody’ means the right to take possession of a child away from the custodial person for a certain period of time.” Pa.R.C.P. No. 1915.1; Scott v. Scott, 240 Pa.Super. 65, 368 A.2d 288 (1970) (Spaeth, J., concurring). Essentially, partial custody is granted "where psychological considerations ... or geographical reasons ... require that the non-custodial parent see the child out of the presence of the custodial parent.” Id., 240 Pa.Superior Ct. at 69, 368 A.2d at 291 (Spaeth, J., concurring); see also Commonwealth ex rel. Zaffarano v. Genaro, 500 Pa. 256, 455 A.2d 1180 (1983).
. See Beck, Nontraditional Lifestyles and the Law, 17 J.Fam.L. 685 (1979).
. Thus, "[t]he current law reflects the evolution in traditional morality ____Prohibitions have been eased against lifestyles that in prior times were considered unorthodox." Beck, supra note 3, at 701.
. The majority states that where there is a custody dispute between members of a traditional family environment and one of homosexual composition, "the presumption of regularity applies to the traditional relationship.” At 64-65. Unlike the majority, I do not premise my analysis upon such a presumption but rather follow the Pennsylvania Supreme Court’s caveat in Commonwealth ex rel. Spriggs v. Carson, 470 Pa. 290, 300, 368 A.2d 635, 640 (1977): "Courts should be wary of *73deciding matters as sensitive as questions of custody by the invocation of 'presumptions’. Instead, ... courts should inquire into the circumstances and relationships of all the parties involved and reach a determination based solely upon the facts of the case then before the Court.” Hence, I consider the particular facts of record in the case sub judice and base my conclusion upon the evidence adduced by the parties.
. The mother presented the expert testimony of Dr. Mary Cochran, a developmental psychologist and director of an out-patient mental health clinic which serves many homosexual parents as clients. Dr. Cochran testified that from her experience and from studies done by other experts in the field, she has concluded that there is no adverse impact on children who are raised by homosexual parents. Because her testimony related to full custody by homosexual parents, and because she did not actually interview the parties or their children, however, this evidence is of little relevance to the specific issue on appeal.