John Weinberger v. Patrice Weinmeister

Summary

The court reversed the custody award because Patrice, whom the superior court found had a history of domestic violence, had not rebutted the statutory presumption against awarding her custody. The court also held that the superior court improperly relied on the tender years doctrine, but correctly considered the domestic-violence exception and did not violate due process by entering findings before allowing objections. The case was remanded for a new custody determination consistent with these conclusions.