Alaska Law...BY: JACKIE M.

LINK: http://scholar.google.com/scholar_case?case=18294456417537784415&q=alaska+child+custody&hl=en&as_sdt=4,2&as_ylo=2012 CITATION: Stephanie F. vs. George C., 270 P. 3d 737 (2012) ISSUE: Under Alaska law, should a parent be awarded full custody of their children if it is in their best interest, even though they have a history of domestic violence? KEY FACTS: Stephanie and George separated in August of 2006 and both sought legal custody of their two children, Elizabeth (1999) and Brian (2002). Elizabeth has a neurological disorder called Nonverbal Learning Disorder (NLD) and Brian has no special needs. While in Kindergarten, Elizabeth was assaulted by classmates multiple times and this was the beginning of the failing marriage for the two parties. Stephanie filed for a restraining order against George in August of 2006 alleging of two incidents. Stephanie obtained an ex parte domestic violence protective order and afterwards, George filed for divorce and sought shared legal and physical custody of their two children. Stephanie sought sole physical and legal custody in her answer. The superior court appointed Pamela Montgomery to conduct a custody investigation in August 2007 to make a custody recommendation. She was aware of the domestic violence history and observed there was no hint of violence. Dr. von Hippel (psychiatrist) evaluated Elizabeth and explained that she required special attention and services such as an Individualized Educaion Plan (IEP) at school Montgomery recommended shared physical custody of three days per week/four days per week schedule. Since Stephanie was more involved in the day-to-day caretaking at that time, the report suggested she receive interim legal custody. In January 2008, the custody investigator testified that for children with difficulties like Elizabeth, the recommendation is to “get them to school early, and be ready to roll in the morning.” In the Fall of 2007, Elizabeth was tardy 37 days and absent seven days out of the 85 days in school while in Stephanie’s Custody. When asked about them, Stephanie stated that Elizabeth was very resistant. George started therapy for Elizabeth’s assaults in May 2006 from his private therapist, Lisa Turner. She testifies that George completed 12 sessions and has made progress on improving his empathy skills. In 2008, Stephanie relocated to Anchorage due to a pay increase in her job and also provided that they wouldn’t need to travel there for Elizabeth’s therapy. She enrolled the kids into a German immersion charter school despite the principal’s objections. He stated that the school had “minimal special education services” and could not admit Elizabeth without her IEP. She enrolled them anyway and the school could not keep up with Elizabeth’s special needs and she did not fit in socially. Brian was also having a hard time with this school and would often isolate himself from the activities. After one month, Stephanie was informed that she would have to take the children out of the school. Montgomery’s updated custody report stated that Stephanie was unwilling or unable to accept responsibility while the children were in her care. Her recommendation was putting the kids back in the Homer school under George’s primary physical custody. In June 2010, the superior court issued findings of fact, conclusions of law, and a final custody order granting sole legal and physical custody of both children to George. CONCLUSION: The superior court's written findings of fact reflect its analysis of the statutory "best interest" factors under AS 25.24.150(c) for both children, including consideration of Elizabeth's special needs. In particular, the court found that arriving late to school was "very disruptive" for Elizabeth, and that Stephanie failed to meet Elizabeth's basic and critical need to arrive at school on time, "depriv[ing Elizabeth] of academic and social opportunities." HOLDING: Remanded so the superior court can consider whether George rebutted the presumption.