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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 year's 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 year's presumption. Christopher appealed based on this presumption violated his Fourteenth Amendment rights.

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