Heather W. v. Rudy R.
274 P.3d 478
Alaska2012Background
- Heather W. and Rudy R. share 50-50 custody of their daughter; they previously had a custody arrangement with Heather having primary physical custody.
- Rudy moved in July 2010 to modify custody, alleging Heather’s change in circumstances and that it is in the child’s best interests for Rudy to have primary physical custody.
- Heather faced DUI charges (2009) and license issues (2009, 2010); her license was suspended and later revoked.
- Rudy highlighted Heather’s instability, associations with violent partners, and deteriorating parental relationship as substantial changes in circumstances.
- The superior court conducted a three-day hearing in February 2011, focusing in part on Heather’s credibility and conduct; the court awarded Rudy primary physical custody.
- Heather challenged the ruling, arguing lack of nexus between her alleged changes and the child, improper consideration of character evidence, and failure to address past domestic violence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a substantial change in circumstances justifying modification | Heather | Rudy | The court did not abuse discretion; aggregate changes constitute substantial change |
| Whether the best-interests analysis properly applied AS 25.24.150 factors | Heather | Rudy | Court did not abuse discretion; properly considered factors and credibility concerns |
| Whether the court improperly weighed factors or relied on unrelated evidence | Heather | Rudy | No improper weighting; evidence linked to stability and parental capability |
| Whether the court erroneously failed to consider domestic violence history under AS 25.24.150(g)-(h) | Heather | Rudy | Remand required to determine Rudy's domestic violence history and rebuttal of presumption |
Key Cases Cited
- Craig v. McBride, 639 P.2d 303 (Alaska 1982) (residential stability proper consideration in best-interests analysis)
- Bonjour v. Bonjour, 566 P.2d 667 (Alaska 1977) (court may not rely on a mother's cohabitation in determining best interests)
- McLane v. Paul, 189 P.3d 1039 (Alaska 2008) (abuse of discretion if improper factors or credibility concerns arise)
- McAlpine v. Pacarro, 262 P.3d 622 (Alaska 2011) (domestic-violence history in custody—collateral estoppel limits when not adequately addressed prior)
- Rego v. Rego, 259 P.3d 447 (Alaska 2011) (standard for reviewing modification decisions; de novo/legal standard)
- Jenkins v. Mandelin, 790 P.2d 1367 (Alaska 1990) (aggregate evidence approach to substantial change in circumstances)