Jack C. v. Tally C.

284 P.3d 13, 2012 WL 3870830, 2012 Alas. LEXIS 123
CourtAlaska Supreme Court
DecidedSeptember 7, 2012
DocketNo. S-13990
StatusPublished
Cited by5 cases

This text of 284 P.3d 13 (Jack C. v. Tally C.) 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
Jack C. v. Tally C., 284 P.3d 13, 2012 WL 3870830, 2012 Alas. LEXIS 123 (Ala. 2012).

Opinions

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

A couple divorced in 2008, and the mother was granted sole legal custody and primary physical custody of their three children. At the time of the divorcee, the superior court stated that if the father met certain conditions he could return to the court to seek modification of the child custody order. In 2009, he filed a motion to modify custody, seeking joint legal custody and increased visitation. The superior court, largely adopting a master's report and recommendations, left sole legal custody and primary physical custody with the mother, but expanded the father's visitation.

The father appeals from the superior court's 2010 custody modification order. Because the superior court neither committed clear error nor abused its discretion, we affirm the majority of the superior court's order. But because the superior court's order fails to explain why it did not order any changes to the father's visitation during the children's summer vacation, we remand for further explanation regarding summer visitation.

II. FACTS AND PROCEEDINGS

A. Facts

Jack and Tally1 met in Colorado during the mid-1990s and began a relationship. In August 2000, they married in California. They had three children during the course of their relationship: Kaleb, born in 1997; Jason, born in 1998; and Charles, born in 2001. Jack and Tally separated in July 2007.

B. Proceedings

Tally filed for divorce in October 2007 and petitioned for a domestic violence protective order against Jack a week later. Although the present appeal relates to the superior court's September 7, 2010 child eustody modification order, many of the issues raised on appeal regard the same factual cireumstances that have existed since the original divorce filing.

1. December 2007 domestic violence protective order hearing

Following Tally's petition for a domestic violence protective order, a hearing was held in December 2007. In that hearing, the superior court found that domestic violence had [15]*15occurred with regard to two incidents: (1) Jack destroyed Tally's cell phone; and (2) Jack made harassing phone calls to Tally at work. The superior court ordered Jack to enroll in a domestic violence intervention program and the court put in place a temporary visitation schedule providing that Jack would see the children every Thursday from 3:80 pm. to 8:00 p.m. when school was in session, 10:00 a.m. to 8:00 p.m. when school was not in session, and every Sunday from 10:00 a.m. to 8:00 p.m. The court noted that once Jack found suitable housing he could file a motion to modify custody.

2. Interim hearings

Between the December 2007 protective order hearing and the fall 2008 divorce trial, the parties each filed numerous motions and several hearings were held. These hearings addressed issues similar to those presently on appeal, including: (1) visitation; (2) Jack's desire to have the custody order from the domestic violence case modified; (8) ongoing harassment by Jack and general failure to communicate between the parties;2 (4) Jack's failure to complete anger management courses as ordered by the trial court at the protective order hearing; (5) mental health treatment for the children, particularly Ka-leb; (6) property division; and (7) scheduling activities for the children.

3. The custody investigator's findings

On April 10, 2008, the superior court ordered a full custody investigation to obtain recommendations regarding any custody modification that would be included in the final divorcee order. The custody investigator issued his report on September 4, 2008, after meeting with Tally, Jack, and the children several times.3

The investigator primarily described Jack and Tally's relationship through reports from each side: "Mother reports Father was controlling and critical. She states she was the primary parent through the relationship.... Mother notes Father was manipulative and mentally abusive." On the other hand, "Father said there was a lot of yelling in the relationship. Father reports Mother had a drinking problem which remains an issue." Jack also alleged that Tally used drugs and drove while intoxicated. The investigator, however, found no evidence that Tally had "an addiction that impair[ed] her behavior." The custody investigator noted the parties' involvement with the Anchorage Police Department, including Jack's July 2007 arrest for breaking Tally's cell phone and Tally's October 2007 arrest for allegedly punching Jack in the mouth (charges related to this incident were later dropped). The investigator also spoke with the children's therapist. She indicated that all the children were "deeply stressed about the custody battle" and recommended that Kaleb receive further psychological evaluation at North Star, a behavioral health provider.

The custody investigator made several relevant findings and recommendations. He noted that "[the children need to be shielded from the parents' conflict." He indicated that both parents can meet the children's physical needs but found that Jack "would likely struggle more ... since his work has been sporadic and has taken him out of town." He emphasized the parents' communication issues, stating that Jack "appears to pressure the children and his obvious depressed mood likely affects the children.... [His] tendency to feel persecuted and always feel he is correct appears to make it hard for him [to] compromise and work with [Tally]. Similarly, he noted that Tally "has done things in front of the children that can easily be anticipated to cause conflict." He found that Tally "appears [cavalier] about ignoring court orders .... fand] these actions are provocative to [Jack] and put the children in the middle of even more conflict." Although he found no domestic violence, child abuse, or [16]*16neglect present in either household, the investigator remarked that Jack's questioning and pressuring of the children was "inappropriate and harmful to the children." He found that Jack's repetitive calls to the police for welfare checks exposed the children to the parents' conflict and were "definitely harmful." He also noted that Jack had not completed his court-ordered anger management classes and "appears to have delayed starting until there were repercussions from the court." The investigator found that Jack presented as "depressed and overwhelmed. He appears to feel persecuted and makes many claims which he does not back up.... He asks for things he needs or wants as necessary for the children."

The eustody investigator concluded that Tally "maintained a more stable home and work. She appears more stable psychologically." The investigator recommended that Tally have primary physical custody, but that Jack get the children three weekends out of every four once he completed anger management and his health was adequate. He also recommended that during the summer, custody be equally shared on a week on/week off basis. He recommended that the parents share legal custody and that each inform the other of important events in the children's lTives-he felt that arrangement was the only way that one parent would not exclude the other from major parenting decisions.

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Bluebook (online)
284 P.3d 13, 2012 WL 3870830, 2012 Alas. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-c-v-tally-c-alaska-2012.