Bazemore v. Davis

MACK, Associate Judge:

Circumstances of this case have precipitated en banc consideration of the issue of whether, in child custody disputes between natural parents, there is a valid presumption that the interest of a child of tender years is best served in the custody of the mother.

*1378The dispute arose on April 18,1975, when appellee Sharon Davis sued appellant Lawrence Bazemore to regain custody of their minor child, Tonya. The case was heard on appellee’s motion for pendente lite custody by Judge Washington on February 10,1976. As a result of that hearing, Judge Washington determined that

the…