Ex parte Devine
Supreme Court of Alabama
398 So. 2d 686 (1981)
Relevant factsFree
Alice and Christopher Devine married in 1966, had two children, and separated in 1979; both worked outside the home. Both children were under seven at separation and thus fell under the tender-years presumption, which the trial court applied to award custody to Alice, subject to Christopher's liberal visitation. Christopher appealed to the Supreme Court of Alabama, challenging the presumption's constitutionality.
IssueFree
Whether the tender-years presumption -- which awards custody of young children to the mother when both parents are equally fit -- is an unconstitutional gender-based classification under the Fourteenth Amendment.