EX PARTE DEVINE
398 So.2d 686 (1981)
NATURE OF THE CASE: This was a dispute over the 'tender years presumption.'
FACTS: Christopher and Alice were married in 1966 and separated in 1979. They had two
children, a son born in 1972 and a son born in 1975. Both children were considered to be of
tender years and subject to the tender years presumption. Both parents were basically good
and fit people and parents to the children, but the trial court awarded custody of the
children to Alice based on Christopher not overcoming the tender years presumption.
Christopher appealed based on this presumption violated his Fourteenth Amendment rights.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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