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Pusey v. Pusey

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

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

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Issue

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Holding and Reasoning (Durham, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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