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Family Law Keyed to Weisberg
Devine v. Devine
Facts
Appellant Christopher Devine and appellee Alice Beth Clark Devine were married in 1966 and separated in Alabama in 1979. They had two sons, Mathew and Timothy. Mrs. Devine taught high school until 1975, when she commenced employment with the U.S. army as an Education Specialist. Appellant was a member of the faculty and head of the Guidance Counseling Department at Jacksonville State University. At the time of the custody hearing the older son had just completed the first grade at the University and the younger son was enrolled at the University’s Nursery Laboratory School. The trial court awarded custody of both boys to the mother based on the tender years presumption.
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