Kristina B. v. Edward B.
329 P.3d 202
Alaska2014Background
- Ed and Kristina B. separated after sharing a son; custody was awarded to Ed after trial; court found a history of domestic violence by Ed but concluded it was unlikely to recur; Kristina had long-standing substance abuse issues (alcohol and narcotics) and Crohn’s disease affecting parenting; Kristina underwent Mayo Clinic treatment but did not complete recommended programs; the court ordered urinalysis testing for Kristina and Ed contemplated a move to Texas with visitation and child-support considerations.
- Kristina’s sobriety appeared improving at trial, but the court questioned her credibility regarding sobriety; Ed completed a 36-week batterers’ intervention and related counseling, and the court found he did not pose a future risk; Kristina’s conduct included an accidental fire in a garage which the court treated as an act of domestic violence against the child; the superior court awarded Ed sole legal and primary physical custody and approved his Texas move.
- The trial court applied AS 25.24.150(g) presuming Ed could not be awarded custody due to a history of domestic violence but found the presumption overcome; the court weighed Kristina’s sobriety and substance-abuse history in determining best interests; visitation and support orders were crafted with ongoing monitoring and protections; remand was ordered to reconsider Kristina’s urinalysis cost in child support and the visitation schedule after sobriety.
- The appellate court remanded for two issues: whether Kristina’s court-ordered urinalysis costs should reduce child support, and whether Kristina’s visitation should become more liberal after a year of sobriety; on all other issues the lower court’s decision was affirmed.
- Ed’s move to Texas was found to be legitimately motivated by family and economic reasons; Kristina argued it was to undermine her relationship with the child, but the court’s motivation finding was given deference and not clearly erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Presumption against custody due to domestic violence | Kristina argues Ed failed to overcome AS 25.24.150(g) | Ed showed completion of batterers’ program and lack of ongoing substance abuse | Presumption overcome; Ed awarded custody |
| Weight given to domestic violence in best interests | Ed’s DV history warranted greater weight | Court credibly found DV unlikely to recur and weighed it appropriately | Court did not abuse discretion in weighing DV under AS 25.24.150(c) |
| Whether AS 25.24.150(k) applies | If Kristina is deemed unfit due to abuse effects, k applies | Court focused on Kristina’s substance abuse and Crohn’s disease, not PTSD as basis to deny custody | AS 25.24.150(k) not the controlling basis; other factors supported custody decision |
| Whether Kristina committed an act of domestic violence | Kristina contends no DV act occurred | Fire in garage shows reckless endangerment constituting DV | Kristina committed an act of domestic violence against her son |
| Urinalysis costs, and visitation costs in child support | Urinalysis costs should reduce child support; move costs should be shared | Costs should follow Rule 90.3 with potential deviation only for good cause; travel costs limited by record | Remand for urinalysis cost variance; visitation-cost split affirmed; consult on overall finances at remand |
Key Cases Cited
- Limeres v. Limeres, 320 P.3d 291 (Alaska 2014) (credibility deference to trial court in custody disputes; weighing of evidence)
- Stephanie F. v. George C., 270 P.3d 737 (Alaska 2012) (overcoming DV presumption may rely on more than formal proof; credibility considerations)
- Williams v. Barbee, 243 P.3d 995 (Alaska 2010) (best interests factors may be weighed non‑uniformly by trial court)
- Ebertz v. Ebertz, 113 P.3d 643 (Alaska 2005) (standard for appellate review of factual findings in custody cases)
- Moeller-Prokosch v. Prokosch, 27 P.3d 314 (Alaska 2002) (scope of evidence regarding best interests and credibility of witnesses)