THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Saturday, October 22, 1994             TAG: 9410220301
SECTION: LOCAL                    PAGE: B5   EDITION: FINAL 
SOURCE: ASSOCIATED PRESS 
DATELINE: RICHMOND                           LENGTH: Short :   47 lines

LESBIAN'S CUSTODY WIN NEEDS REVIEW, SAYS LAWYER

A Virginia Supreme Court ruling on whether a lesbian deserves custody of her son would clear up confusion about the state's child custody laws, a lawyer told the justices Friday.

``We need to know. The judges in this state need to know,'' said Richard Ryder, who represents the 3-year-old boy's grandmother in her effort to keep custody.

Ryder asked the court to review a state Court of Appeals ruling that granted custody to the boy's mother, Sharon Bottoms.

The justices will issue a written ruling later. If they take the appeal, arguments would not be held for months.

In a case closely watched by gay rights groups, Sharon Bottoms has been fighting with her mother, Kay Bottoms, over custody of Tyler Doustou, 2. The boy's father is not involved in the case.

The child remains with his grandmother while the appeal is pending. A court order allows Sharon Bottoms to visit her son two days a week.

At the heart of the case is a 1985 Supreme Court ruling that a homosexual was an unfit parent because he broke the state's law against sodomy. Henrico County Circuit Judge Buford M. Parsons Jr. relied on that case when he ruled in September 1993 that Kay Bottoms should have custody of her grandson.

But the Court of Appeals ruled 3-0 that Sharon Bottom's private sexual conduct, even though illegal, did not make her an unfit parent.

``The Court of Appeals has by its decision changed, without benefit of the legislature, the laws of this state,'' Ryder told a four-judge Supreme Court panel.

Ryder said returning the boy to his mother would be bound to have a bad effect. ``What will happen to this child when he's 9 or 10 years old?'' he asked.

Lawyers for Sharon Bottoms did not present arguments because the court only hears from the attorney seeking the appeal.

Sharon Bottom's lawyer, Donald K. Butler, said he did not think the court would take the appeal because it differs from the 1985 case.

KEYWORDS: CHILD CUSTODY LESBIAN HOMOSEXUAL by CNB