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Ex Parte Application for Restoration of Former Name

Ex Parte Application for Restoration of Former Name

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historically there was a societal belief that mothers were better situated than fathers to care for young children in many jurisdictions that belief prompted a legal presumption in favor of mothers in custody disputes involving children of tender years in ex parte divine we explore the constitutionality of such a gender-based presumption when christopher and alice devine separated in 1979 they had two sons one six and the other three in a subsequent custody proceeding both parents sought custody of the children the trial court concluded that either parent was fit to have custody but alabama had a tender years presumption under which it was presumed best to award custody of a young child to his or her mother consequently the trial court awarded custody to alice the state appeals court affirmed and christopher appealed to the alabama supreme court arguing that the tender years presumption violated the 14th amendment's equal protection clause by discriminating on the basis of gend

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