Summary
The Alaska Supreme Court reviewed a custody and visitation dispute involving an infant child. The court affirmed the award of joint legal custody with primary physical custody to Courtney Parks and affirmed the allocation of all visitation-related travel expenses to Jason Green. It remanded for reconsideration of the restriction prohibiting Jason from consuming alcohol during visits or within eight hours before visits because the record lacked supporting evidence or findings.
Topics
Practice areas
Questions Presented
- Whether the superior court abused its discretion or failed to properly weigh the statutory best-interest factors in awarding Parks primary physical custody.
- Whether the superior court abused its discretion by prohibiting Green from consuming alcohol during visitation or during the eight hours preceding visitation without supporting findings or evidence.
- Whether the superior court abused its discretion by requiring Green to pay all travel expenses associated with visitation.
Holdings
- The superior court did not abuse its discretion in awarding Parks primary physical custody because its findings addressed the relevant best-interest considerations, were supported by the evidence, and reasonably balanced the parties' competing circumstances.
- The superior court abused its discretion by imposing a condition prohibiting Green from consuming alcohol during visitation or during the eight hours preceding visitation without evidence or findings showing that Green's alcohol use directly affected the child's emotional or physical well-being.
- The superior court did not abuse its discretion by requiring Green to pay all visitation-related travel expenses.
Key quotations
“Provisions of a custody award must be supported by findings of fact demonstrating that the superior court properly considered the best interests of the child.” (IV.B)
“There was no evidence that Jason’s alcohol use “directly affects the emotional or physical well being of” his child, and the court made no specific findings on the subject.” (IV.B)
Factual background
Green and Parks had a daughter in March 2013 and disputed custody. Parks moved with the child from Alaska to Florida without giving Green advance notice, while Green presented evidence concerning Parks's restriction of access by Green's mother and Parks presented evidence that Green was controlling and emotionally abusive. The superior court found that the child was living in a stable environment with Parks, that Green's controlling and demeaning behavior was relevant to his ability to meet the child's emotional and mental needs, and that Parks's conduct raised some concern about her ability to foster Green's relationship with the child. Green was ordered to have approximately fifteen days of visitation in Florida annually, subject to an alcohol restriction, and to pay all visitation travel expenses.
Procedural history
Both parents initially filed custody complaints, although Parks withdrew hers shortly after filing. After an evidentiary hearing, the Alaska Superior Court awarded the parties joint legal custody, gave Parks primary physical custody and final decision-making authority in the event of disagreement, imposed an alcohol restriction on Green's visitation, and ordered Green to pay all visitation travel expenses. Green appealed. The Alaska Supreme Court affirmed the custody, visitation-expense, and child-support orders, but remanded the alcohol restriction for reconsideration.
Remand instructions
The superior court must reconsider the alcohol-related condition in the visitation order and either vacate it or make additional findings supported by evidence showing that the condition is related to the child's best interests. The custody, visitation-expense, and child-support orders are otherwise affirmed.