Lesbian mom victorious in court but remains separated from son.

A Virginia appellate court has returned custody of a three-year-old boy to his lesbian mother, but it may be some time before the toddler gets to go home.

Despite Sharon Bottoms's June 21 victory, her son, Tyler Doustou, must remain with his grandmother, Kay Bottoms, while she appeals to the Virginia Supreme Court. Under Virginia law, custody cannot be transferred until all appeals are exhausted.

Sharon, 24, lost custody of her son in September 1993. Henrico County Circuit Court Judge Buford Parsons, Jr., in suburban Richmond, agreed with Kay that Sharon's sexual orientation and her relationship with her live-in partner made her an unfit mother. The Virginia Court of Appeals found the judge had abused his discretion, and it overturned the ruling. (Bottoms v. Bottoms, 444 S.E.2d 276 (Va. Ct. App. 1994).)

Several days after the appellate ruling, Kay's lawyer, Richard Ryder, filed a notice of appeal to the state supreme court.

Ryder said the appeal is based on Sharon's acknowledgement that she and her partner, April Wade, have been openly affectionate with each other in front of Tyler while he lived with them.

According to court documents, the custody battle emerged between Kay and her daughter in January 1993. At that time, Sharon told her mother--who often babysat for Tyler--that she was taking her son out of the household because of the presence of Kay's longtime live-in male companion. Sharon told her mother that during her childhood, the companion had repeatedly sexually abused her. Shortly after the conversation, Kay filed a petition with the juvenile and domestic relations district court seeking custody of Tyler.

Pending the appeal, the American Civil Liberties Union of Virginia is looking for "creative ways to reunite Sharon and her son," said R. Kent Willis, executive director of the organization, which represented Sharon.

"We have our fingers crossed that the Virginia Supreme Court will choose not to hear the case," Willis said. The high court recessed on June 10 and will meet again for week-long sessions in September, November, and January. "If the Supreme Court decides to hear it, that could add another year to the separation," Willis said. Sharon retains the right to visit with her son for 16 hours a week during the appeals process, he said.