Laura B. v. Wade B.

Summary

The Alaska Supreme Court held that a superior court violated a mother’s due process rights by modifying a contested custody arrangement without holding the promised second evidentiary hearing on the child’s best interests. The court vacated the order granting the father primary physical custody and remanded for an expedited evidentiary hearing.

Holdings

1. A court may not grant an opposed material and substantial custody modification without an evidentiary hearing that affords the nonmoving parent an opportunity to present evidence and argument on the child's best interests.
2. The initial hearing and custody investigation did not satisfy due process because Laura was not permitted to present evidence concerning the daughter's best interests or challenge the investigator's findings and credibility assessments before custody was modified.

Questions Presented

1. Whether the superior court violated Laura's procedural due process rights by modifying custody without holding the second evidentiary hearing it had promised.
2. Whether the initial hearing and subsequent custody investigation satisfied the hearing requirement for a material and substantial custody modification.

Disposition

vacated