Schuster v. Schuster

Washington law only allowed for modifications to custody orders upon a finding that a change had occurred in the circumstances of the child or his custodian and that a modification served the best interests of the child. James Schuster and Jerry Isaacson (plaintiffs) (collectively, the fathers) were married to Sandra Schuster and Madeleine Isaacson (defendants) (collectively, the mothers), respectively. The mothers separated from the fathers and began a romantic relationship. The mothers were awarded custody of their children, but the custody decrees ordered them to live separately and apart from each other. The decrees were not appealed by either the fathers or mothers. Throughout their relationship, the mothers were notable advocates for gay rights, giving lectures and expressing their support for same-sex parents in interviews. The fathers, each remarried, filed modification petitions seeking custody and motions for contempt, alleging that the mothers were violating the original decree by residing together with all of their children. The mothers filed counterpetitions seeking to modify the original decrees with respect to their living arrangement. The two modification proceedings were joined and a hearing was held, during which evidence was presented showing that the mothers and their children considered themselves a family and had a stable home life. The trial court denied the fathers’ petition for modification and granted the mothers’ petition to remove the restriction on their living arrangement. The fathers appealed.