Excerpt from Kallas v. Kallas, 614 P.2d 641 (1980 Utah)
"For instance, in In re Jane B., 85 Misc. 2d 515, 380 N.Y.S.2d 848 (1976), the court banned overnight visits and prohibited the mother from taking the children to the mother's residence while the lesbian lover or other homosexuals were present. The court also forbade the mother to involve the child in any homosexual activities or publicity.
Similarly, the court in In re J.S. & C., 129 N.J. Super. 486, 324 A.2d 90 (1974), concluded that unrestricted visitation would not be in the best interest of the children and prohibited a homosexual father from cohabiting or sleeping with any individual other than a lawful spouse when the children were present. The court also prohibited the father from taking the children to homosexual gatherings or into the presence of his lover.
In DiStefano v. DiStefano, 60 A.D.2d 976, 401 N.Y.S.2d 636 (1978), visitation rights were conditioned upon the exclusion of the mother's lesbian lover from the children's presence.
A child custody proceeding is equitable in nature and must be based primarily and foremost on the welfare and interest of the minor children. Hyde v. Hyde, 22 Utah 2d 429, 454 P.2d 884 (1969). A court must, in a custody dispute, give the highest priority to the welfare of the children over the desires of either parent. Walton v. Coffman, 110 Utah 1, 169 P.2d 97 (1946). The same general principles apply in determining visitation rights. Although a parent's sexuality in and of itself is not alone a sufficient basis upon which to deny completely a parent's fundamental right, the manifestation of one's sexuality and resulting behavior patterns are relevant to custody and to the nature and scope of visitation rights. In re J.S. & C., supra."