Johnson v. Johnson

OPINION

Before BOOCHEVER, C. J. and RABI-NO WITZ, CONNOR, ERWIN and BURKE, JJ. BURKE, Justice.

In this case, appellant Rudy Johnson challenges the superior court’s reliance on the tender years presumption in awarding custody of his young children to their mother, Linda Johnson.

Rudy and Linda Johnson were married in 1966. Their daughter, April, was born in 1968 and their son, Darrin, in 1970. Several years after their marriage, Rudy and Linda became involved with the Jehovah’s Witnesses, and both were baptized into the congregation. However, in 1974, Rudy Johnson became disenchanted with the…