Judge defends custody decision in lesbian mom case

“Obviously I don’t have a problem with her being gay because I gave her custody,” the judge said.

Potter’s comments stemmed from a Las Vegas Review-Journal story about the divorce case of Michelle Bagalawis, who since has changed her last name to Angeles, and Johnny Cardona.

Angeles and Cardona, who have a 7-year-old son, were divorced in January 2012. Angeles, a first lieutenant in the Air Force, married a woman in March 2012. After Angeles’ recent deployment to Cuba, Potter denied her request to keep the child in Las Vegas and ruled that the boy should spend the remaining three months of her deployment with Cardona in Texas.

In defending his decision, Potter also said the woman’s lawyer, David Mann, “might have an ax to grind.” The judge said he handled Mann’s personal divorce this year, and Mann did not show up for the trial.

The lawyer reacted to Potter’s comments by immediately filing a motion to remove him from the case involving the lesbian mother because of an “appearance of bias.” He also took steps to file a complaint with the state’s Judicial Discipline Commission.

“I can’t believe that he would comment on pending litigation,” Mann said.

He said Potter had no right to discuss his divorce case, which is sealed.

The lawyer said he did not attend the trial because, as a devout Mormon, he does not believe in divorce. Nevertheless, Mann said, he received everything he wanted in the case, including his home and business.

Mann said he feels no animosity toward Potter and has continued to practice in his courtroom.

“I don’t know why he would think I would harbor ill will,” the lawyer said.

After Potter decided to send her son to Texas, Angeles filed an emergency petition with the Nevada Supreme Court to keep the boy in Las Vegas with her wife, Suzanne.

According to the petition, Potter applied a double standard when he ruled in favor of the father. Mann said judges routinely allow children to remain with stepparents during short deployments, but Potter said he could not think of one such case.

Angeles’ son flew to Texas on Saturday after the high court declined to intervene on an emergency basis.

On Wednesday, Mann told the Review-Journal he would proceed with a regular appeal. He also said Potter had discriminated against his client because she is a lesbian.

Like Mann, Potter is a member of the Church of Jesus Christ of Latter-day Saints, which teaches that sexual activity should occur only between a man and a woman who are married.

“I’ve always been, I feel, very favorable towards the gay community,” the judge said.

Potter said he granted Angeles primary physical custody in November 2012, “knowing full well she was gay.”

Mann argued that Potter should have held a hearing before Angeles left for Cuba, not after. The father’s lawyer, Mandy McKellar, agreed.

Potter said Angeles was notified of her deployment on June 30 but did not mention it during a July hearing. The mother left for Cuba in late September and raised the issue only days before her departure, the judge said.

He held a hearing on Oct. 15. The judge said “there’s no way” he could find that it was in the child’s best interest to stay with his stepmother rather than his father.

“Ever since I’ve given mom custody, her new wife has been abominable to the dad,” Potter said.

To support that contention, he provided the Review-Journal with profane text messages the stepmother had sent the father.

Mann said the messages were never mentioned during the last hearing.

During a telephone interview Thursday with Angeles and her wife, both women acknowledged that angry text messages were exchanged with Cardona during a short period last year. Angeles said those messages have stopped.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer.