Jack C. v. Tally C.

284 P.3d 13 (Alaska 2012) · Alaska Supreme Court · September 7, 2012

Summary

The Alaska Supreme Court reviews a father's appeal from an order modifying child custody and visitation after the parties' divorce. The court affirms the decisions to maintain the mother's sole legal custody and primary physical custody and to expand the father's visitation, but remands for further explanation concerning summer visitation.

Holdings

  1. The superior court's findings were sufficient to permit appellate review and were not clearly erroneous; the absence of a particular organizational format or numbered paragraphs did not establish reversible error.
  2. The superior court did not abuse its discretion in retaining Tally's sole legal and primary physical custody and expanding, but not substantially restructuring, Jack's visitation.
  3. The superior court's order and the appellate record did not adequately explain why Jack's visitation was unchanged when school was not in session, so the matter had to be remanded for further explanation on that limited issue.

Questions Presented

  1. Whether the superior court's findings of fact were insufficiently stated or clearly erroneous under Alaska Civil Rule 52(a).
  2. Whether the superior court abused its discretion by retaining Tally's sole legal and primary physical custody after applying the statutory best-interests factors.
  3. Whether the superior court adequately explained its failure to modify Jack's visitation during the children's summer vacation.

Disposition

remanded

Cases Cited (4)

  • William P. v. Taunya P., 258 P.3d 812, 814 (Alaska 2011)(followed)
  • Long v. Long, 816 P.2d 145, 150 (Alaska 1991)(followed)
  • D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 207-08 (Alaska 2000)(followed)
  • Misyura v. Misyura, 242 P.3d 1037, 1039 (Alaska 2010)(followed)

Cited In (0)

No citing cases on record yet.

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