Johnson v. Johnson Case Brief Summary | Law Case Explained

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Johnson v. Johnson | 564 P.2d 71 (1977), cert. denied, 434 U.S. 1048 (1978)

The tender-years doctrine is a common-law principle that’s been around since eighteen thirty and presumes that mothers should have custody of young children. In the nineteen seventies, most states replaced this doctrine and presumption with a gender-neutral standard focusing on the best interests of the child. In the nineteen seventy-seven Alaska case of Johnson versus Johnson, however, we examine one custody battle in the midst of this transition.

Rudy and Linda Johnson were married with two children. The couple joined the Jehovah’s Witness congregation until Rudy became disillusioned with the religion. After some time, he was excommunicated from the congregation. Despite Rudy’s attempts at persuading Linda to leave as well, she remained, and the marriage suffered.

Ultimately, Rudy filed for divorce. At the time of trial, at which the court needed to determine custody, the Johnson children were aged five and seven. Both parents sought custody. Because of his severed relationship with the church, Rudy contended that he would have no real access to his children if Linda were granted custody. He also offered expert witnesses who testified that Rudy should be awarded custody to better align the children’s experiences with peers of their age. However, the court awarded Linda physical custody of the children, basing its decision on the tender-years presumption. Rudy appealed, contending that the court should have instead utilized a best-interests-of-the-child standard to determine custody.

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