Pusey v. Pusey

728 P.2d 117 (1986)

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Pusey v. Pusey

Utah Supreme Court
728 P.2d 117 (1986)

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  • Written by Sean Carroll, JD
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Facts

Robert Pusey (defendant) and Kathleen Pusey (plaintiff) were married. The couple had two sons, who were aged 12 and nine when Kathleen filed a petition for divorce and custody. The 12-year-old child stated during an interview that he wanted to live with Robert. The nine-year-old stated that he had an equal attachment to both Robert and Kathleen. The trial court awarded custody of the 12-year old to Robert and custody of the nine-year-old to Kathleen, with visitation rights for both. Kathleen appealed, arguing that custody of both children should be awarded to her based on the tender-years presumption.

Rule of Law

Issue

Holding and Reasoning (Durham, J.)

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Casebooks

Family Law

Key Terms

  • Best Interests of the ChildThe primary consideration of a court in determining child-custody rights.
  • Legal CustodyA parent or guardian's obligation to provide care and maintenance for, and power of control over, a child.
  • Tender Years PresumptionThe doctrine favoring mothers over fathers as the custodial parents of young children.

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