Pusey v. Pusey
Supreme Court of Utah
728 P.2d 117 (Utah 1986)
Relevant factsFree
In Kathleen Pusey's (plaintiff) divorce and custody petition against Robert Pusey (defendant), their 12-year-old son expressed a preference to live with his father while their nine-year-old expressed equal attachment to both parents; the trial court awarded custody of the 12-year-old to Robert and the nine-year-old to Kathleen, with visitation for both. Kathleen appealed, arguing that under the tender-years presumption, custody of both children should have gone to her as the mother.
IssueFree
Whether a court may invoke a presumption favoring custody to the mother even if all else is equal between the parents in a custody determination.