Sanderson v. Tryon, 739 P.2d 623 (Utah 1987).


Procedure: Mother of children born during polygamous relationship filed application seeking custody of children and increased child support, and father counterclaimed, seeking custody. The District Court,awarded custody to father, and mother appealed.

Facts: Two children were born lo Sanderson (P) and Tryon (D) during their polygamous relationship. A third child was born shortly after P left the relationship to marry Bowles, another polygamist. D abandoned polygamy after P left him. P took the children with her and brought a child custody .suit. Both parties moved for summary judgment.

Issue:In a child custody action in which both parents are fit but one parent practices polygamy, must a court award the children to the non-polygamous parent?

Holding: The Supreme Court, Hall, C.J., held that finding that parent practices polygamy is, alone, insufficient to support custody award or to permit meaningful review of award on appeal. Vacated and remanded.

Rule:The child custody statute requires a court to consider the best interests of the child in making an award of custody. By failing to make a specific fact finding as to the best interests of the children in this case, the court failed to apply the applicable law. In addition, a parent has the right to recover for the loss of consortium of their children

Analysis:The trial court awarded custody to D after finding that both P and D would be fit and proper custodial parents. The court made no finding as to whclhcr the best interests of the children would be served by awarding them lo either P or D. but awarded them to D solely because P"s practice of polygamy constituted a failure to provide proper maintenance and care required by both law and morals.