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Family Law Keyed to Wadlington
Johnson v. Johnson
Citation:564 P.2d 71, cert. denied, 434 U.S. 1048 (1978)
Rudy and Linda were married and had two children. Several years after their marriage, they joined the Jehovah’s Witnesses congregation. However, four years later, Rudy became disenchanted with the religion and was excommunicated from the congregation for willfully smoking cigarettes. Linda remained with the church, which placed a strain on their marriage. They ended up getting a divorce, and now dispute who should have custody over their children. The trial court found that both parents were fit to have custody of the children and based its award of custody to Linda on the tender years presumption.
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