Convicted killer, not lesbian mother, awarded custody of girl.

A Florida judge has awarded custody of a lesbian mother's 11-year-old daughter to her former husband, who is a convicted murderer.

Escambia County Circuit Judge Joseph Tarbuck based his ruling on the fact that Mary Frank Ward lives with a female partner, that another lesbian couple lives in their home, and that household members reportedly watched it-rated videos in the girl's presence. (Ward v. Ward, No. 92-2424-CA01-H (Fla., Escambia County Cir. Ct. Aug. 23, 1995).)

John Ward sought--and won--custody of his daughter Cassie solely on the argument that Mary's living arrangement is bad for the girl.

In awarding primary custody to John and his fourth wife, Rita, Judge Tarbuck wrote,

I believe this child should be given the

opportunity and the option to live in

a nonlesbian world.... I don't condemn

the mother of this child for living

the way she does. But I don't think

that this child ought be led into . . .this

lifestyle just by virtue of the fact

of her living accommodations.

Mary Frank Ward has appealed the decision. (Ward v. Ward, No. 95-04184 (Flat Dist. Ct. App. Jan. 24, 1996).)

State courts are divided on the issue of whether a parent's sexual orientation alone should be a factor in determining custody of children. Neither the federal circuits nor the U.S. Supreme Court has ruled on the issue.

The appellate court in the Ward case will have to decide whether the trial judge abused his discretion. The judge made no mention of John Ward's conviction when he handed down the custody decision. He did note, however, that Cassie's father "has decent living accommodations" and that he is married to "a good woman."

According to court documents, John Ward didn't take his first child custody dispute to court. He killed his wife with 12 bullets at close range in a Pensacola, Florida, parking lot in the mid-1970s. The couple had been fighting about who should get custody of their daughter, Michelle.

Michelle lived with John Ward's relatives following the shooting. When he completed his eight-year prison sentence for second-degree murder, she lived with him for a brief time but ran away from home at age 16. She told relatives that her father molested her. John denied the charges.

John later married Mary Frank Ward, and they had a daughter. The couple divorced in 1992 after nine years of marriage, agreeing that their eight-year-old daughter, Cassie, would be best off living with Mary. John later went to court because he wanted to right what he viewed as a wrong.

"I'm not gay, and I'm opposed to being gay," Ward told the trial court.