tender years doctrine in Alaska

7 Alaska opinions name it 1 courts 1977–2018 0 in the last five years

The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Harding v. Hardinggreen alaska · 1962 · cited in 2 Alaska opinions naming this issue, 1986–2013 2 sentences 1986In Harding v. Harding, 377 P.2d 378 (Alaska 1962), the superior court granted custody of a couple's children to their father, noting that the mother was not entitled to the children under the tender years doctrine because the rule was contingent upon “other things being equal.” Id. at 379-80 . 1986In Harding v. Harding, 377 P.2d 378 (Alaska 1962), the superior court granted custody of a couple's children to their father, noting that the mother was not entitled to the children under the tender years doctrine because the rule was contingent upon “other things being equal.” Id. at 379-80 .	1	2
Sheridan v. Sheridangreen alaska · 1970 · cited in 2 Alaska opinions naming this issue, 1977–2013 2 sentences 2013To the contrary, the court found no evidence of domestic violence by either party. 19 Wetzler v. Wetzler, 570 P.2d 741, 742 (Alaska 1977) (citing Johnson v. Johnson, 564 P.2d 71 (Alaska 1977); King v. King, 477 P.2d 356, 357 (Alaska 1970); Sheridan v. Sheridan, 466 P.2d 821, 824 (Alaska 1970); Harding v. Harding, 377 P.2d 378, 379 (Alaska 1962)). -8- 1451 inappropriate in determining the best interests of the child.20 We do not find that the superior court applied the doctrine here. 1977However, Sheridan v. Sheridan, 466 P.2d 821 (Alaska 1970), and other cases decided since the enactment of AS 09.55.205 in 1968 reflect a growing trend away from use of the tender years doctrine or any other mechanical formula in determining custody issues. 2 In Sheridan , we noted our disapproval of the “mechanistic application” of custody rules and reversed the trial court’s award of the children to their mother on the ground that: It appears that the basis for resolution of the custody issue was the tender years’ doctrine to the exclusion of any other legal criteria or relevant factual consi	1	2
King v. Kinggreen alaska · 1970 · cited in 2 Alaska opinions naming this issue, 1977–2013 2 sentences 1977In King v. King, 477 P.2d 356 (Alaska 1970), we were again adamant in our rejection of mechanically applied formulas such as the tender years doctrine. [Tjhere has been a steady course of legal development whereby the best interests of the child are to be the paramount consideration in custody cases, to the exclusion of other criteria such as the doctrine that children of tender years will generally be awarded to the mother when other factors are fairly evenly balanced. 477 P.2d at 357 . 1977In King v. King, 477 P.2d 356 (Alaska 1970), we were again adamant in our rejection of mechanically applied formulas such as the tender years doctrine. [Tjhere has been a steady course of legal development whereby the best interests of the child are to be the paramount consideration in custody cases, to the exclusion of other criteria such as the doctrine that children of tender years will generally be awarded to the mother when other factors are fairly evenly balanced. 477 P.2d at 357 .	1	2
Wetzler v. Wetzlergreen alaska · 1977 · cited in 1 Alaska opinions naming this issue, 2013–2013 1 sentence 2013To the contrary, the court found no evidence of domestic violence by either party. 19 Wetzler v. Wetzler, 570 P.2d 741, 742 (Alaska 1977) (citing Johnson v. Johnson, 564 P.2d 71 (Alaska 1977); King v. King, 477 P.2d 356, 357 (Alaska 1970); Sheridan v. Sheridan, 466 P.2d 821, 824 (Alaska 1970); Harding v. Harding, 377 P.2d 378, 379 (Alaska 1962)). -8- 1451 inappropriate in determining the best interests of the child.20 We do not find that the superior court applied the doctrine here.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Johnson v. Johnson green alaska · 1977 2 sentences 2018Id. 1999We have described the tender years presumption as follows: "[A] mother of young children will generally be given preference for custody if the other factors are evenly balanced.” Id. at 73 .	5	1985–2018
Faro v. Faro green alaska · 1978 2 sentences 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] [6] The only nexus found by the superior court between Mother's sexual preference and a possible adverse effect on the child related to the likely duration of Mother's current relationship. 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] .	2	1985–1985
Jones v. Missouri green scotus · 1978 2 sentences 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] [6] The only nexus found by the superior court between Mother's sexual preference and a possible adverse effect on the child related to the likely duration of Mother's current relationship. 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] .	2	1985–1985
Taylor v. Mississippi Employment Security Commission green scotus · 1978 2 sentences 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] [6] The only nexus found by the superior court between Mother's sexual preference and a possible adverse effect on the child related to the likely duration of Mother's current relationship. 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] .	2	1985–1985
Schwartz v. Pitts green scotus · 1978 2 sentences 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] [6] The only nexus found by the superior court between Mother's sexual preference and a possible adverse effect on the child related to the likely duration of Mother's current relationship. 1985Faro v. Faro, 579 P.2d 1377 (Alaska 1978); Johnson v. Johnson, 564 P.2d 71 (Alaska 1977), cert. denied, 434 U.S. 1048 , 98 S.Ct. 896 , 54 L.Ed.2d 800 (1978).] .	2	1985–1985
Ebertz v. Ebertz green alaska · 2005 2 sentences 2013The tender years doctrine provides that, where all else is equal, there is a preference for awarding custody of young children to the mother.19 We have held that the doctrine is 16 Lone Wolf, 741 P.2d at 1190 (quoting Brooks, 733 P.2d at 1051 ) (internal quotation marks omitted). 17 Ebertz, 113 P.3d at 651 . 18 In his reply brief, Terrence claims that the superior court found him to be the perpetrator of domestic violence. 2013The tender years doctrine provides that, where all else is equal, there is a preference for awarding custody of young children to the mother.19 We have held that the doctrine is 16 Lone Wolf, 741 P.2d at 1190 (quoting Brooks, 733 P.2d at 1051 ) (internal quotation marks omitted). 17 Ebertz, 113 P.3d at 651 . 18 In his reply brief, Terrence claims that the superior court found him to be the perpetrator of domestic violence.	1	2013–2013
Lone Wolf v. Lone Wolf green alaska · 1987 2 sentences 2013The tender years doctrine provides that, where all else is equal, there is a preference for awarding custody of young children to the mother.19 We have held that the doctrine is 16 Lone Wolf, 741 P.2d at 1190 (quoting Brooks, 733 P.2d at 1051 ) (internal quotation marks omitted). 17 Ebertz, 113 P.3d at 651 . 18 In his reply brief, Terrence claims that the superior court found him to be the perpetrator of domestic violence. 2013The tender years doctrine provides that, where all else is equal, there is a preference for awarding custody of young children to the mother.19 We have held that the doctrine is 16 Lone Wolf, 741 P.2d at 1190 (quoting Brooks, 733 P.2d at 1051 ) (internal quotation marks omitted). 17 Ebertz, 113 P.3d at 651 . 18 In his reply brief, Terrence claims that the superior court found him to be the perpetrator of domestic violence.	1	2013–2013
Brooks v. Brooks green alaska · 1987 2 sentences 2013The tender years doctrine provides that, where all else is equal, there is a preference for awarding custody of young children to the mother.19 We have held that the doctrine is 16 Lone Wolf, 741 P.2d at 1190 (quoting Brooks, 733 P.2d at 1051 ) (internal quotation marks omitted). 17 Ebertz, 113 P.3d at 651 . 18 In his reply brief, Terrence claims that the superior court found him to be the perpetrator of domestic violence. 2013The tender years doctrine provides that, where all else is equal, there is a preference for awarding custody of young children to the mother.19 We have held that the doctrine is 16 Lone Wolf, 741 P.2d at 1190 (quoting Brooks, 733 P.2d at 1051 ) (internal quotation marks omitted). 17 Ebertz, 113 P.3d at 651 . 18 In his reply brief, Terrence claims that the superior court found him to be the perpetrator of domestic violence.	1	2013–2013
People ex rel. Watts v. Watts green nycfamct · 1973 2 sentences 1977Watts v. Watts, 77 Misc.2d 178 , 350 N.Y.S.2d 285 (1973), the court reversed a custody decision which was based on the tender years presumption. 1977Watts v. Watts, 77 Misc.2d 178 , 350 N.Y.S.2d 285 (1973), the court reversed a custody decision which was based on the tender years presumption.	1	1977–1977
In Re the Marriage of Bowen green iowa · 1974 2 sentences 1977As the court in In Re Marriage of Bowen, 219 N.W.2d 683 (Iowa 1974), remarked in abandoning the tender years doctrine: The real issue is not the sex of the parent but which parent will do better in raising the children. 1977As the court in In Re Marriage of Bowen, 219 N.W.2d 683 (Iowa 1974), remarked in abandoning the tender years doctrine: The real issue is not the sex of the parent but which parent will do better in raising the children.	1	1977–1977

Statutes the citing opinions construe

AK § Alaska Stat. § 25.24.150 (5) AK § Alaska Stat. § 25.20.060 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 111 (1971–2026) MS 110 (1983–2025) MI 31 (1978–2026) NJ 24 (1990–2026) AL 21 (1976–2014) IL 11 (1976–2008) FL 9 (1979–1999) TN 9 (1983–2022) AK 7 (1977–2018) SC 6 (1975–1995) CA 6 (2020–2023) CT 4 (2015–2022) SD 4 (1976–1991) MD 4 (2008–2022) ND 4 (1986–2023) WA 3 (1960–2016) OH 2 (1987–1990) MN 2 (1985–1990) NC 2 (2012–2024) KS 2 (1979–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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