Shall Maryland Undo What Virginia Has Done?

An unusual gay custody case has cross-border implications in the DC region. As the Washington Post relates, a gay father who now lives in Rockville has sued to have an old Virginia custodial decision overturned, because it bars him from living with his partner. Aside from the gay angle, the case is complicated by the fact that the father and the partner had an affair when dad was still married to mom. Question: do courts usually worry about the "other woman" issue in custody cases, or is that only when it turns out to be a man? Read Lambda Legal's appellate brief here.