Gay Father Who Won Fight for Son Dies

Frank Batey, an acknowledged homosexual who won a nationally publicized court battle to retain legal custody of his son after a divorce, died here Friday. He was a victim of AIDS.

Batey, 42, of Palm Springs, died at the Eisenhower Medical Center.

Riverside County Deputy Coroner Lee Snelling noted in his report on the death that Batey suffered from acquired immune deficiency syndrome. But the report did not establish the exact cause of death, which was to be entered on a death certificate by Batey’s physician, a coroner’s spokeswoman said.

No Comment From Ex-Wife

Betty Lou Batey could not be reached for comment on her ex-husband’s death.

However, Batey’s son, Brian, now 16, said he hoped to remain in Palm Springs with Craig Corbett, who described himself as Batey’s “partner in life” for the last 13 years.

“I loved my father and will miss him terribly,” Brian said. “At least I have some good memories. This has been my home with my father and Craig. He gave a hell of a fight.”

In 1982, after Batey was given legal custody of Brian, the youth’s fundamentalist Christian mother fled with her son and hid for 19 months in Texas and Colorado.

Charges Dismissed

San Diego Superior Court Judge Douglas Woodworth dismissed child-stealing charges against Mrs. Batey May 18, minutes before the jury was to begin deliberations.

In her criminal case and in previous child-custody hearings, Mrs. Batey’s lawyers argued that she had taken Brian because she feared for his safety in a homosexual household.

Although Batey was never charged with any crimes and was given custody of Brian by two judges, contentions of homosexual orgies and drug use were made in court by his ex-wife. She admitted, however, that she had never been to the Palm Springs residence.