Johnson v. Johnson

564 P.2d 71 (1977)

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Nature of the Case

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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.