JOHNSON V. JOHNSON
564 P.2d 71 (1977)
NATURE OF THE CASE: This was a dispute over the tender years presumption.
FACTS: Rudy (H) and Linda (W) were married in 1966 and had a daughter in 1970 and a son
in 1970. They became involved with the Jehovah's Witnesses. H as excommunicated from the
congregation for smoking cigarettes. W remained in the church and this strained the
marriage. H filed for divorce in 1975 and the children were placed in his custody. During
the custody trial, H claimed if W were given custody, he would have no input into their
lives because of his disfellowshipped status. Expert witnesses concluded that custody should
be awarded to the father, as W would not teach them what they needed to survive in the
normal everyday world. W's faith does not allow the celebration of holidays joining other
organizations nor did W believe in college. W offered proof of H's mental instability,
threats of suicide, and his capacity for violence when frustrated and the opinion of the
social worker who wanted W to have custody. The trial court found both parents fit but
awarded custody to W based on the tender years presumption. H appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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