Brown v. Brown, 237 S.E.2d 89 (Va. 1977). · Go Syfert
Brown v. Brown, 237 S.E.2d 89 (Va. 1977). Cases Citing This Book View Copy Cite
203 citation events (87 in the last 25 years) across 12 distinct courts.
Strongest positive: Philip Surles v. Kristan Mayer and Marty Cullen, Jr. (vactapp, 2006-04-25)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 46 distinct citers.
examined Cited as authority (verbatim quote) Philip Surles v. Kristan Mayer and Marty Cullen, Jr. (4×) also: Cited as authority (rule), Cited "see"
Va. Ct. App. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
an illicit relationship to which minor children are exposed cannot be condoned. such a relationship must necessarily be given the most careful consideration in a custody proceeding.
examined Cited as authority (verbatim quote) Philip Surles v. Kristan Mayer (4×) also: Cited as authority (rule), Cited "see"
Va. Ct. App. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
an illicit relationship to which minor children are exposed cannot be condoned. such a relationship must necessarily be given the most careful consideration in a custody proceeding.
examined Cited as authority (verbatim quote) Hughes v. Hughes (4×) also: Cited as authority (quoted)
Va. Ct. App. · 2000 · signal: see · quote attribution · 4 verbatim quotes · confidence high
an illicit relationship to which minor children are exposed cannot be condoned. such a relationship must necessarily be given the most careful consideration in a custody proceeding.
examined Cited as authority (verbatim quote) Piatt v. Piatt (6×) also: Cited as authority (quoted), Cited as authority (rule)
Va. Ct. App. · 1998 · quote attribution · 4 verbatim quotes · confidence high
in determining the best interest of the child, the court must decide by considering all the facts, including what effect a nonmarital relationship by a parent has on the child
discussed Cited as authority (rule) Airik Bose Carter, s/k/a Arik Bose Carter v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Also, “a trial court is presumed to have thoroughly weighed all the evidence.” Farley v. Farley, 9 Va. App. 326, 329 (1990) (citing Brown v. Brown, 218 Va. 196, 200 (1977)); see Bassett v. Commonwealth, 13 Va. App. 580, 584 (1992) (“[b]arring clear evidence to the contrary, this Court will not presume that a trial court purposefully ignored mitigating factors in blind pursuit of a harsh sentence”).
discussed Cited as authority (rule) Brian D. Bailey v. Amy K. Sarina
Va. Ct. App. · 2022 · confidence medium
Assignments of Error (14), (15) & (16); part of Assignment of Error (1) In assignment of error (14), father argues that “[t]he evidence and record did not support the court’s finding that ‘father’s actions have been contrived with a goal of “winning” a fight against the mother rather than serving the interests of the child.’” He contends that “[f]ailure to consider the evidence as a whole, regarding [father]’s actions, is an abuse of discretion” and thus, “[t]he ruling must be reversed.” Father combines assignments of error (15) and (16) and contends that “[t]he [ci…
discussed Cited as authority (rule) Veronika R. Petrova v. Maxwell S. Leach
Va. Ct. App. · 2019 · confidence medium
“In all custody cases[,] the controlling consideration is always the child’s welfare,” and “in determining the best interest of the child,” the circuit court “must consider[] all the facts.” Brown v. Brown, 218 Va. 196, 199 (1977) (per curiam).
discussed Cited as authority (rule) Sofia Khalid-Schieber, f/k/a Sofia Tanweer Hussain v. Haroon Hussain
Va. Ct. App. · 2019 · confidence medium
“The decision of the trial judge is peculiarly entitled to respect for he saw the parties, heard the witnesses testify and was in closer touch with the situation than [the appellate] Court, which is limited to a review of the written record.” Brown v. Brown, 218 Va. 196, 200 (1977).
discussed Cited as authority (rule) Timothy M. Barrett v. Valerie Jill Rhudy Barrett
Va. Ct. App. · 2011 · confidence medium
“In determining the best interests of the child, the court must consider the factors enumerated in Code § 20-124.3,” Vissichio, 27 Va. App. at 246 , 498 S.E.2d at 428 , and it “must consider all the evidence and facts before it,” Venable v. Venable, 2 Va. App. 178, 186 , 342 S.E.2d 646, 651 (1986) (citing Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977)).
discussed Cited as authority (rule) Monzer R. Chorbaji v. Marva D. Simpson
Va. Ct. App. · 2010 · confidence medium
However, the trial court explained that “until Mr. Chorbaji ceases living with his girlfriend, [the child] is not permitted to go to his home, as this is sending mixed messages to this child.” “In all custody cases the controlling consideration is always the child’s welfare and, in determining the best interest of the child, the court must decide by considering all the facts, including what effect a nonmarital relationship by a parent has on the child.” Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
discussed Cited as authority (rule) Galeet Benzion Westreich v. Jonathan D. Westreich
Va. Ct. App. · 2008 · confidence medium
There also was evidence that the children referred to DeHart as “Daddy Jeff” and even called father “Jeff,” instead of “Daddy.” “In all custody cases the controlling consideration is always the child’s welfare and, in determining the best interest of the child, the court must decide by considering all the facts, including what effect a nonmarital relationship by a parent has on the child.” Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
discussed Cited as authority (rule) Anne Elizabeth Sirney v. Richard Paul Sirney
Va. Ct. App. · 2007 · confidence medium
In imposing visitation restrictions, a trial court may consider “what effect a nonmarital relationship by a parent has on the child.” Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977); see also Carrico v. Blevins, 12 Va. App. 47, 50 , 402 S.E.2d 235, 237 (1991) -6- (upholding the restriction that the child could not be kept overnight where the mother and her lover lived together).
discussed Cited as authority (rule) Tracy Hensley v. Culpeper County Department of Social Services
Va. Ct. App. · 2007 · confidence medium
On review “a trial court is presumed to have thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child’s best interests.” Farley v. Farley, 9 Va. App. 326, 329 , 387 S.E.2d 794, 796 (1990) (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
discussed Cited as authority (rule) Leslie Neil Miles v. Culpeper County Department of Social Services
Va. Ct. App. · 2007 · confidence medium
On review “a trial court is presumed to have thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child’s best interests.” Farley v. Farley, 9 Va. App. 326, 329 , 387 S.E.2d 794, 796 (1990) (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
cited Cited as authority (rule) A.O v. v. J.R.V.
Va. Ct. App. · 2007 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
cited Cited as authority (rule) J.R v. v. A.O.V.
Va. Ct. App. · 2007 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
discussed Cited as authority (rule) David S. Kantor v. Sheryl J. Kantor
Va. Ct. App. · 2006 · confidence medium
The judgment of a trial judge as to factual matters “is peculiarly entitled to respect for he saw the parties, heard the witnesses testify and was in closer touch with the situation than this Court, which is limited to a review of the written record.” Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977).
discussed Cited as authority (rule) Akers v. Fauquier County Department of Social Services
Va. Ct. App. · 2004 · confidence medium
On review, “[a] trial court is presumed to have thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child’s best interests.” Farley, 9 Va.App. at 329 , 387 S.E.2d at 796 (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
discussed Cited as authority (rule) Connie McGuire v. Frederick County Department of Social Services
Va. Ct. App. · 2004 · confidence medium
On appeal, we presume the trial court in making its decision has “thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child’s best interests.” Farley, 9 Va. App. at 329 , 387 S.E.2d at 796 (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
discussed Cited as authority (rule) Shountelle Brazier v. Hampton Dept' Social Services
Va. Ct. App. · 2003 · confidence medium
We presume that the trial court “thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child’s best interests.” Id. (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
discussed Cited as authority (rule) Ferguson v. Grubb
Va. Ct. App. · 2003 · confidence medium
Indeed, “on review the ‘decision of the trial judge is peculiarly entitled to respect for he saw the parties, heard the witnesses testify and was in closer touch with the situation than the [appellate] Court, which is limited to a review of the written record.’ ” Sutherland v. Sutherland, 14 Va.App. 42, 44 , 414 S.E.2d 617, 618 (1992) (quoting Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
discussed Cited as authority (rule) Shanica DeJesus v. Richmond Dept of Social Services
Va. Ct. App. · 2001 · confidence medium
On review, "[a] trial court is presumed to have thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child's best interests." Farley, 9 Va. App. at 329 , 387 S.E.2d at 796 (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
cited Cited as authority (rule) William and Carleen Switzer v. Thomas Switzer, etc
Va. Ct. App. · 2001 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
cited Cited as authority (rule) Thomas L. Switzer v. Samuel Smith, Jody Botkin, etc
Va. Ct. App. · 2001 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
discussed Cited as authority (rule) Rosanne D'Eramo B. Tignor v. Matthew Morgan Tignor
Va. Ct. App. · 2001 · confidence medium
FATHER'S OPPOSITE-SEX RELATIONSHIPS While "[a]n illicit relationship to which minor children are exposed cannot be condoned," Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977), there is not a "per se rule prohibiting awarding custody to a parent involved in an adulterous relationship," Ford v. Ford, 14 Va. App. 551, 555 , 419 S.E.2d 415, 417 (1992). "[I]n determining the best interest of the child, the court must decide by considering all the facts, including what effect a nonmarital relationship by a parent has on the child." Brown, 218 Va. at 199 , 237 S.E.2d at 91 .
cited Cited as authority (rule) Melissa Young v. Marshall Forrest, Jr.
Va. Ct. App. · 2001 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
discussed Cited as authority (rule) Rochelle Susan Beardslee v. DSS of Henrico County
Va. Ct. App. · 2001 · confidence medium
On review, "[a] trial court is presumed to have thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child's best interests." Farley, 9 Va. App. at 329 , 387 S.E.2d at 796 (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
discussed Cited as authority (rule) Judy Powell Greene v. Terry Lee Powell
Va. Ct. App. · 1998 · confidence medium
On review, "the decision of the trial judge is peculiarly entitled to respect[,] for he saw the parties, heard the witnesses testify and was in closer touch with the situation than [the appellate court], which is limited to a review of the written record." Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977).
cited Cited as authority (rule) Sharon Lynne Bottoms v. Pamela Kay Bottoms
Va. Ct. App. · 1997 · confidence medium
Id. at 726, 728 , 324 S.E.2d at 693, 694 (emphasis added) (quoting Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977)).
discussed Cited as authority (rule) Bottoms v. Bottoms (2×)
Va. · 1995 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977). *108 We have held, however, that a lesbian mother is not per se an unfit parent.
discussed Cited as authority (rule) Verrocchio v. Verrocchio
Va. Ct. App. · 1993 · confidence medium
All other matters are subordinate.” Mullen v. Mullen, 188 Va. 259, 269 , 49 S.E.2d 349, 354 (1948); accord Sutherland v. Sutherland, 14 Va. App. 42, 44 , 414 S.E.2d 617, 618 (1992); Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
discussed Cited as authority (rule) Logan v. Fairfax County Department of Human Development
Va. Ct. App. · 1991 · confidence medium
On review, “[a] trial court is presumed to have thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child’s best interests.” Farley, 9 Va. App. at 329, 387 S.E.2d at 796 (citing Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977)).
cited Cited as authority (rule) Farley v. Farley
Va. Ct. App. · 1990 · confidence medium
Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977).
cited Cited as authority (rule) Venable v. Venable
Va. Ct. App. · 1986 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
cited Cited as authority (rule) Simmons v. Simmons
Va. Ct. App. · 1986 · confidence medium
Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977).
discussed Cited "see" Tarsha Gerald v. Charlottesville Department of Social Services
Va. Ct. App. · 2019 · signal: see · confidence high
See Sutherland v. Sutherland, 14 Va. App. 42, 44 (1992) (“[O]n review the ‘decision of the trial judge is peculiarly entitled to respect for he saw the parties, heard the witnesses testify and was in closer touch with the situation than the [appellate] Court, which is limited to a review of the written record.’” (second alteration in original) (quoting Brown v. Brown, 218 Va. 196, 200 (1977))).
discussed Cited "see" Sandra Perry and Sterling Delbridge v. Erin Snipes
Va. Ct. App. · 2019 · signal: see · confidence high
See Sutherland v. Sutherland, 14 Va. App. 42, 44 (1992) (“[O]n review the ‘decision of the trial judge is peculiarly entitled to respect for he saw the parties, heard the witnesses testify and was in closer touch with the situation than the [appellate] Court, which is limited to a review of the written record.’” (second alteration in original) (quoting Brown v. Brown, 218 Va. 196, 200 (1977))).
discussed Cited "see" Jeffery Harvey and Teresa Harvey v. David Flockhart and Rhonalee Flockhart (2×)
Va. Ct. App. · 2015 · signal: see · confidence high
See Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977) (per curiam). “[W]e view the evidence in the light most favorable to the party prevailing below, giving it all reasonable inferences fairly deducible therefrom.” Winfield v. Urquhart, 25 Va.App. 688, 690 , 492 S.E.2d 464, 464 (1997).
discussed Cited "see" Susan L. Newsome v. Martin W. Neary (2×)
Va. Ct. App. · 2005 · signal: see · confidence high
See Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977); Farley v. Farley, 9 Va. App. 326, 329 , 387 S.E.2d 794, 796 (1990).
discussed Cited "see" Wesley E. Jordan, Jr. v. Susan G. Jordan (2×)
Va. Ct. App. · 2004 · signal: see · confidence high
See Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977); Farley v. Farley, 9 Va. App. 326, 329 , 387 S.E.2d 794, 796 (1990).
discussed Cited "see" Elton Lee Miller, Jr. v. Daphyne Lynn Miller (2×)
Va. Ct. App. · 1999 · signal: see · confidence high
See Brown, 218 Va. at 200 , 237 S.E.2d at 92 .
discussed Cited "see" Andrew Hurren v. Jessie O. Epperson (2×)
Va. Ct. App. · 1999 · signal: see · confidence high
See Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1997). - 6 - trouble staying employed and was unable to earn sufficient income to support his children.
discussed Cited "see" Ruth B. Hughes v. Richard Lee Hughes (2×)
Va. Ct. App. · 1998 · signal: see · confidence high
See Brown, 218 Va. at 200 , 237 S.E.2d at 92 .
cited Cited "see" Carrico v. Blevins
Va. Ct. App. · 1991 · signal: see · confidence high
See Brown v. Brown, 218 va. 196, 237 S.E.2d 89 (1977).
discussed Cited "see" Hackley v. Hackley (2×)
Fla. Dist. Ct. App. · 1979 · signal: see · confidence high
See Brown v. Brown, 218 Va. 196 , 237 S.E.2d 89, 91 (1977).
discussed Cited "see, e.g." Richmond Department of Social Services v. Crawley (2×)
Va. Ct. App. · 2006 · signal: see also · confidence low
When we review a trial judge’s decision concerning the best interests of children and parental rights, we presume the “trial court ... thoroughly weighed all the evidence, considered the statutory requirements, and made its determination based on the child’s best interests.” Farley v. Farley, 9 Va.App. 326, 329 , 387 S.E.2d 794, 796 (1990); see also Brown v. Brown, 218 Va. 196, 200 , 237 S.E.2d 89, 92 (1977).
Virginia S. Brown
v.
Richard P. Brown
Record 760556.
Supreme Court of Virginia.
Sep 1, 1977.
237 S.E.2d 89
Betty A. Thompson, for appellant., F. Bruce Bach (Jerome F. Leiblich, on brief), for appellee.
Cited by 72 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 92%
Citer courts: Court of Appeals of Virginia (5)
[*197] Per Curiam.

This case involves the custody of the two minor sons, ages seven and four, of Richard P. Brown and Virginia S. Brown. The parties separated in January, 1974, and in March, 1974, Mrs. Brown was awarded temporary custody. In November, 1974, she instituted a suit for divorce on the grounds of constructive desertion and cruelty. The husband filed a cross-bill for divorce on the grounds of desertion and adultery and sought custody of the children. On January 2, 1976, after an ore terms hearing, the court transferred custody of the children to Mr. Brown, holding that Mrs. Brown was “not a fit and proper person to have the care and custody of said minor children by reason of an adulterous relationship with the corespondent named in defendant’s cross-bill of complaint”. Appellant appealed. Thereafter Mr. Brown was awarded an absolute divorce and custody of the children, subject to review by this Court of the matter of custody.

The court certified in narrative form a “written statement of oral testimony” introduced at the hearing which resulted in an award of custody of the children to the father. It recites that Mr. Brown presented evidence concerning his wife’s “fitness as a mother and concerning her adulterous relationship with the corespondent named in defendant’s cross-bill for a divorce”; and that Mrs. Brown offered testimony “to show her fitness as a mother, such testimony being terminated by the court, it being satisfied that [Mrs. Brown] was fit to care for her children so far as her treatment of the children and their physical care is concerned”.

No good purpose would be served by a detailed review of the evidence. Mr. Brown testified and introduced the testimony of a professional investigator, of a personal friend and of a Mrs. Reynolds. Their testimony established that at the time appellant had custody of the children she was living with one Dale Leith. These witnesses also stated that Mrs. Brown was not a good housekeeper; that they observed her apartment in a dirty and unkempt condition; and that the children were not properly cared for in many respects and were neglected.

Mr. Brown testified that his older son had developed a hyperactive condition during the parties’ separation; that this[*198] condition appeared to improve while in the father’s custody; and that he noted that the child

“particularly and repeatedly pleaded for the return of the Defendant to the household and asked repeatedly why the other man was sleeping with Mommie instead of the Defendant; That the Defendant noted also that [this child] resorted to long periods of silence; That he was irritable with and slapped his brother and then immediately hugged him; and that he otherwise tended to lose control.”

Mr. Brown’s witnesses testified that the children appeared to improve in health and behavior while he had custody and that they demonstrated more affection for their father than for their mother. Mrs. Reynolds, a divorcee, testified that her relationship with Mr. Brown was that “of lovers”, but such relationship was “never obvious in the presence of the children”; and that she planned to marry appellee when his divorce became final.

Appellant offered her testimony and that of a friend, of a fellow employee and of the wife of her employer. Her three witnesses testified that her children were properly cared for and that her home was not dirty.

The court terminated the testimony of appellant designed to establish the fitness of Mrs. Brown as a mother and the qhality of her housekeeping. It observed that it was not prepared to find her an unfit mother because “of her general care for the children”; and that it was only interested in hearing testimony on the relationship between Mrs. Brown and Leith. Mrs. Brown then testified and admitted that “Dale Leith lived with her”; that she and Leith were very fond of each other; and that they planned to marry “when free to do so”. She testified that her home was clean; that the children were kept clean, well-fed and well-clothed; and that they were happy, healthy and well-behaved children. She said that her older son was hyperactive and was under a doctor’s care, receiving all the medication he required.

Following the taking of testimony on September 26,1975, the court directed Mrs. Brown to have Leith immediately removed from her apartment and continued the matter to October 14, 1975 for argument of counsel. On October 14th, counsel for appellant presented argument in support of her petition for custody. The court then interrogated defendant as to “his plans[*199] upon taking over custody for providing a proper home for the children”. Whereupon the court ruled as follows:

“That the Complainant did maintain in her home together with the minor children of the parties on a permanent basis over an extended period of time the corespondent named in the Defendant’s Cross Bill of Complaint filed herein, and that an adulterous relationship existed between them.
“That while the Court was satisfied that the Complainant was otherwise a fit mother and did not find her unfit due to any deficiency in the care of the children while in her custody, the court found, by reason of her adulterous relationship with the corespondent in the same residence of which the minor children also lived, that the Complainant was not a fit and proper person to have the care and custody of the minor children of the parties.”’

In all custody cases the controlling consideration is always the child’s welfare and, in determining the best interest of the child, the court must decide by considering all the facts, including what effect a nonmarital relationship by a parent has on the child. The morakclimate in which children are to be raised is an important consideration for the court in determining custody, and adultery is a reflection of a mother’s moral values. An illicit relationship to which minor children are exposed cannot be condoned. Such a relationship must necessarily be given the most careful consideration in a custody proceeding.

In Beck v. Beck, 341 So.2d 580 (La.App. 1977), the court approved a change in custody to the father from the mother who had recently lived with a paramour. The court said:

“[Wjhere the mother has recently lived in open and public adultery with her paramour for a substantial period of time, in total disregard of the moral principles of our society, the mother is generally held morally unfit for custody. [Citation omitted].
íjc % íjí
“It is within common knowledge and experience that a child learns by example, especially from his parents. Such utter disregard for moral guidance and social standards can have but ill effect on the young son.” [Citation omitted]. 341 So.2d at 582. Accord, Denton v. Meshell, 335 So.2d 705 (La.App. 1976).

[*200] In In re Marriage of J- H- M- and E- C- M-, 544 S.W.2d 582, 585 (Mo.App. 1976), the court said:

“Adultery is usually insufficient, without more, to stigmatize a mother an unfit custodian, as the principal relevancy of such activity is its effect upon the child. [Citations omitted]. What we may not condone is exposing the children to adulterous and immoral contacts. This is not to say that moral considerations are not factors in awarding custody [Citations omittedl, but critical here is that the mother’s affairs were conducted with the children’s knowledge and while they were present in the house.”

See also L.H.Y. v. J.M.Y., 535 S.W.2d 304 (Mo.App. 1976) and Wadlington, Sexual Relations After Separation or Divorce: The New Morality and the Old and New Divorce Laws, 63 Va.L.Rev. 249 (1977).

In the instant case, there was testimony that the relationship between Mrs. Brown and Mr. Leith had an adverse impact on the parties’ two children. Their adulterous relationship was admitted. They were openly cohabiting in the presence of her two young children. The court found as a fact that appellant had maintained her home under these conditions over an extended period of time. The court therefore ruled that this adulterous relationship rendered Mrs. Brown an unfit and improper person to have the care and custody of these children.

The decision of the trial judge is peculiarly entitled to respect for he saw the parties, heard the witnesses testify and was in closer touch with the situation than this Court, which is limited to a review of the written record. We are further handicapped here by the absence of a transcript of the testimony and a record of the interrogation of Mr. Brown by the trial court “as to his plans upon taking over custody for providing a proper home for the children.”

Although the trial court did not specifically recite in its order or in its certification of testimony that it found that the best interest of the children required a transfer of their custody from the mother to the father, it is obvious that it did so conclude. In this review we presume that the trial judge thoroughly weighed all the evidence and decreed custody as he believed would be in the best interest of the children. We cannot[*201] find, under the circumstances of this case, abuse of discretion, requiring reversal and another transfer of the custody of these two minors who have been living with their father for the past twenty months.

Affirmed.