Farrell v. Farrell

819 P.2d 896, 1991 Alas. LEXIS 122, 1991 WL 222187
CourtAlaska Supreme Court
DecidedNovember 1, 1991
DocketS-3959
StatusPublished
Cited by44 cases

This text of 819 P.2d 896 (Farrell v. Farrell) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farrell v. Farrell, 819 P.2d 896, 1991 Alas. LEXIS 122, 1991 WL 222187 (Ala. 1991).

Opinions

OPINION

MATTHEWS, Justice.

In this domestic relations case, Robert Farrell appeals from the superior court’s grant of sole legal custody of the parties’ children to their mother, Ruth. He also disputes the court’s child support and property division determinations.

FACTUAL BACKGROUND

Ruth and Robert Farrell were married on March 18, 1975. They permanently separated in January 1988, and divorced on November 22, 1989. Four children were born during the marriage: Robert, Jr., born July 19, 1978; Doris, born August 9, 1979; Jamie, born December 19, 1981; and Mary Lou, born April 5, 1983. Both Ruth and Robert had children from previous relationships. Helen Wakefield, Robert’s daughter, lived with the Farrells off and on between 1980 and 1984. Robert has another daughter who also lived with the parties occasionally. Carl Dexter, Ruth’s son, lived with the Farrells continuously from 1974 until 1980, and then sporadically until 1985. Carl and Helen are now adults.

Robert was the family’s sole financial provider. He was employed in the oil industry during the marriage and remains employed by the industry as a drilling supervisor. Robert does not have an established work schedule and his employment requires him to be away from home for extended periods. At the time of trial, he was required to be on-call twenty-four hours a day for possible departures from home for jobs. However, he is reasonably able to determine his work schedule through his placement on the call-out list.

The parties have greatly disparate earning capacities. Robert earns a base monthly salary of $3,500. He receives an additional $300 per day for each day he is employed in the field. According to Robert, his monthly salary fluctuates between $3,500 and $10,000, and averages $7,000 per month. Based on his 1988 income tax return, Judge Katz found Robert’s net income to be $72,066, yielding a net monthly income of $6,005.50. Judge Katz found that Ruth had a net monthly income of $600. She did not work outside of the home during the marriage, but has worked on and off since the separation as a cook for $4 an hour. When she worked in the summer she grossed about $930 a month, and in the fall and winter of 1989 she grossed $400 a month. Ruth was not working at the time of trial. She plans to obtain clerical skills at a vocational school.

Robert and Ruth both drank alcohol excessively during their marriage. Since Ruth began alcohol counseling in 1985 she has remained sober, with only one exception. Robert continues to drink and drinks in the presence of the children.

The relationship between Robert and Ruth included much domestic violence, often associated with the parties’ drinking. Ruth has hit, bitten and scratched Robert [898]*898and the children. Robert has assaulted Ruth and Carl. In one incident Robert chased Ruth, Bobby, and Carl out of the home with a gun. The police were called and removed Robert from the home. Following this episode, Ruth resided in a battered women’s shelter for a month.

Ruth admits that she did not have a good relationship with the children during the marriage, although she believes it is better now because she is not drinking. The older children, Helen and Carl, testified that they had significant child care responsibilities and that Ruth was not an adequate caregiver. Robert and Ruth separated several times in the course of the marriage. During two of these separations, Ruth left the children in the care of Robert. The parties separated permanently when Robert moved out of the family home and into a house with his fiancee, Sharon Rusnak.

Robert filed for divorce in November of 1988, seeking dissolution of the marital relationship, custody of the children, and an equitable property division. Ruth answered and counterclaimed for custody of the children. The matter was bifurcated; the Decree of Divorce was granted by Judge Ripley on November 22, 1989, and the issues of child custody, child support, spousal support, and property division were decided by Judge Katz on February 27, 1990. Robert brings this appeal contending that the superior court erred by granting sole legal custody of the children to Ruth, and that the child support award and property division were improperly calculated.

DISCUSSION

I. Child Custody

Trial courts are vested with broad discretion in child custody matters. Gratrix v. Gratrix, 652 P.2d 76, 79 (Alaska 1982). This court will reverse a trial court’s resolution of custody issues only if it is convinced that the record shows an abuse of discretion or if controlling factual findings are clearly erroneous. Id. at 79-80; Horutz v. Horutz, 560 P.2d 397, 399 (Alaska 1977). “Abuse of discretion is established if the trial court considered improper factors or failed to consider statutorily-mandated factors, or improperly weighted certain factors in making its determination.” Gratrix, 652 P.2d at 80.

Robert contends that Judge Katz disregarded the legislature’s expressed preference for joint custody.1 Her findings of fact and conclusions of law indicate, however, that she properly based her decision on the factors outlined in AS 25.20.-090:2

[899]*899[I]t is in the best interest of the children to award [Ms. Farrell] sole legal and physical custody. Joint custody is not in the best interest of the children for the following reasons:
a. Ms. Farrell has been the children’s primary caretaker. Due to Mr. Farrell’s work schedule, she is in the best position to parent the children on a day-to-day basis. Stability for the children in their parents’ decision-making would best be served by granting sole custody to [Ms. Farrell].
b. The parties fought bitterly during the marriage and do not appear to have shared decision-making. While they are to be commended for their willingness to cooperate in more recent times regarding visitation and medical matters, this does not negate their protracted history of non-cooperation. Ms. Farrell remains fearful of Mr. Farrell, a circumstance which militates against good communication in the children’s best interest. The court finds the children would be better served by knowing that they will not be the “cause” of further friction between their parents, and additionally by knowing that decisions made by their mother can be relied upon and not be changed by recourse to their father.
c. Mr. Farrell continues to drink. While he has not been violent towards the children, given the damage caused to them through the use of alcohol in their family, a custodial parent who does not consume alcohol would provide a better role model.

We find that Judge Katz did not disregard the legislature’s directives.

Robert next contends that Judge Katz misapplied the criteria contained in AS 25.-20.090 and AS 25.24.150.

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Bluebook (online)
819 P.2d 896, 1991 Alas. LEXIS 122, 1991 WL 222187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrell-v-farrell-alaska-1991.