Sheffield v. Sheffield
265 P.3d 332
Alaska2011Background
- Michael and Rebecca Sheffield divorced in 2009 with a custody plan for shared legal and physical custody.
- Michael sought school-year custody in Virginia in 2010 due to planned relocation; Rebecca opposed the move and mediation waiver.
- The superior court found the children's best interests supported a Virginia school-year arrangement, emphasizing the older son's preference and Virginia school quality.
- A custody investigator was requested; the court ultimately selected a guardian/interviewer whose report favored Michael, but the report was not admitted testimony.
- The court determined the move would constitute a substantial change of circumstances and ordered the children to finish the 2010-2011 school year in Unalaska before relocating to Virginia, with summers in Unalaska.
- Rebecca argued the court gave excessive weight to the older child's preference and inadequate consideration of geographic stability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the older child's preference justifies one-parent custody. | Sheffield emphasized Davis's preference should be relied upon less if unreliable. | Sheffield contends the teenage preference is appropriate and controlling if sincere and mature. | Yes; the court properly weighed Davis's preference in favor of Virginia. |
| Whether the court adequately weighed geographic stability versus other factors. | Stability of remaining in Unalaska was underemphasized by the court. | Court balanced stability with Davis's preference and Rebecca's summer flexibility. | Yes; the court considered stability and total circumstances, not solely geography. |
Key Cases Cited
- Long v. Long, 816 P.2d 145 (Alaska 1991) (reaffirms best interests and weighting of factors)
- D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205 (Alaska 2000) (custody standards and consideration of statutory factors)
- Josephine B. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 174 P.3d 217 (Alaska 2007) (child welfare context and standards for evaluating children's needs)
- Yvonne S. v. Wesley H., 245 P.3d 430 (Alaska 2011) (child's preference when of sufficient age/capacity is a factor)
- Valentino v. Cote, 3 P.3d 337 (Alaska 2000) (older children's preferences receive weight in custody decisions)
- William P. v. Taunya P., 258 P.3d 812 (Alaska 2011) (affirming importance of older child's preferences in custody)
- Jenkins v. Handel, 10 P.3d 586 (Alaska 2000) (reliability concerns when a child's preference may be unduly influenced)
- Thomas v. Thomas, 171 P.3d 98 (Alaska 2007) (older children's preferences must not be swayed by a parent)
- Evans v. Evans, 869 P.2d 478 (Alaska 1994) (continuity and stability considerations extend beyond residence)
- Rooney v. Rooney, 914 P.2d 212 (Alaska 1996) (social/emotional factors in stability analyses)