Long v. Long

816 P.2d 145, 1991 Alas. LEXIS 84, 1991 WL 150190
CourtAlaska Supreme Court
DecidedAugust 9, 1991
DocketS-3758
StatusPublished
Cited by62 cases

This text of 816 P.2d 145 (Long v. Long) 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
Long v. Long, 816 P.2d 145, 1991 Alas. LEXIS 84, 1991 WL 150190 (Ala. 1991).

Opinions

OPINION

BURKE, Justice.

The superior court ordered sole physical and legal custody of the four minor children in this case changed from their mother, Regina Long, to their father, Dennis [149]*149Long. The superior court also ordered Regina Long to pay child support. Regina Long appeals.

I

Regina and Dennis Long were married on May 26, 1973, and divorced on July 24, 1987. The marriage produced four children: Virginia, born October 7, 1973; Rebecca, born June 4, 1976; Gregory, born April 18,1980; and Jonathan, born January 18, 1983. Regina, plaintiff in the divorce proceeding, sued for sole custody of the children. Dennis counterclaimed for sole custody.

In September 1987, Judge Peter A. Mi-chalski conducted a two-day hearing to adjudicate the custody claims. At the close of the hearing, Judge Michalski ordered divided custody of the Long children. Dennis received custody of the oldest daughter, Virginia; Regina received custody of the three younger children.

The Longs’ divorce and custody proceedings were very acrimonious. Unfortunately, the new custody arrangement did nothing to alleviate the acrimony. Instead, Dennis and Regina continually fought over property-division, visitation, child-care, and child-support issues. Regina returned to court several times during 1988, obtaining orders against Dennis for child support payments in arrears and attorney’s fees. Dennis raised defenses and claims of his own in each proceeding.

Meanwhile, the Longs’ personal lives changed considerably. In late 1987, Regina and the three younger children moved in with Albert J. Turinsky, Jr. In August 1988, Dennis married Wanda Long, a woman with two young children of her own. Additionally, either in late 1988 or early 1989, Regina and Turinsky made plans to relocate, with the three younger Long children, from Anchorage to Juneau.1 The proposed move demonstrably upset several of the children.

Dennis and Regina’s new relationships significantly affected the Long children. On the positive side, the children had a great deal more adult supervision in each household. On the negative side, the new relationships added two new participants to an ongoing feud. In each household, the adults openly disparaged the other household. The children’s guardian ad litem found this practice particularly harmful to the children.2 Additionally, all four adults became involved in a struggle to dictate minor details in the visitation scheme. One couple might refuse to accept the children except at a certain location and time; the other couple would respond by deliberately depositing the children at a different location at a different time. For one period of about eight months, Dennis flatly refused to take the children for visitation at all. Meanwhile, in Regina’s household the adults limited the children’s access to the telephone in order to prevent them from talking to their father. Testimony indicated that on at least one occasion Regina and Turinsky disassembled a telephone before leaving the children at home alone. For many months, even when a court order required Regina and Turinsky to allow telephone contact between Dennis and the children, Regina and Turinsky recorded and monitored all such calls.

Finally, on January 30, 1989, Dennis Long, appearing pro se, filed a Motion for [150]*150Change of Custody in which he requested that the superior court award him custody of all four children. In August 1989, Judge Victor D. Carlson conducted a five-day hearing on Dennis’ motion. On the last day of the hearing, Judge Carlson rendered an oral statement of decision changing “sole legal and physical custody” of the four Long children to Dennis. The court also granted Regina liberal visitation with the three younger children and “optional” visitation with Virginia.3 The court did not issue written findings.4

Some four weeks after the August 1989 hearing, Dennis and Regina were again in court, arguing the first of many motions that they would each file before the end of the year. Among these motions was Regina’s Motion for Reconsideration of the change of custody order, which Judge Carlson denied on December 19, 1989. Also on December 19, 1989, Judge Carlson ordered Regina to pay child support to Dennis in the amount of one hundred dollars per child per month.

The following day, December 20, 1989, Regina filed, under seal, a Motion to Set Aside Orders Modifying Custody and to Recuse Assigned Trial Judge. The motion for recusal alleged an appearance of impropriety in the way Judge Carlson had handled the case, pointing specifically to aspects of the custody modification hearing and to decisions on the parties’ multiple motions and cross-motions in September through December 1989.

Judge Carlson refused to recuse himself, and the matter was assigned to Judge Karen L. Hunt. On February 27, 1990, Judge Hunt denied Regina Long’s motion to disqualify Judge Carlson. Regina appeals Judge Carlson’s child custody, child support, and recusal decisions, and Judge Hunt’s refusal to disqualify Judge Carlson.

II

A child custody or visitation award “may be modified if the court determines that a change in circumstances requires the modification of the award and the modification is in the best interests” of the children involved. AS 25.20.110. The parent making the motion for custody modification bears the burden of proving a substantial change of circumstances as a threshold matter. Lee v. Cox, 790 P.2d 1359, 1361 (Alaska 1990); Garding v. Garding, 767 P.2d 183, 184-85 (Alaska 1989). Once the movant meets that burden, he or she is entitled “to a hearing to consider whether, in light of such changed circumstances, it is in the child’s best interest to alter the existing custodial arrangement.” Lee, 790 P.2d at 1361. The burden of proof remains on the parent making the motion to “demonstrate that the changed circumstances, considered in conjunction with other relevant facts bearing upon the child’s best interests, warrant modification of the existing custody decree.” Id.

We will reverse the trial court’s order to modify custody only if “the record shows an abuse of discretion or if controlling factual findings are clearly erroneous.” McClain v. McClain, 716 P.2d 381, 384 (Alaska 1986); Gratrix v. Gratrix, 652 P.2d 76, 79-80 (Alaska 1982). Abuse of discretion in child custody cases may occur when, in reaching its decision, the trial court considers improper factors, fails to consider statutorily mandated factors, or gives too much weight to some factors. S.N.E. v. R.L.B., 699 P.2d 875, 878 (Alaska 1985); Starkweather v. Curritt, 636 P.2d 1181, 1182-83 (Alaska 1981); Deivert v. Oseira, 628 P.2d 575, 577 (Alaska 1981).

A. Substantial Change of Circumstances

The superior court’s oral statement of decision contains four factual findings to [151]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Antonnette N. v. Torey M.
Alaska Supreme Court, 2024
David D. v. Marissa D.
Alaska Supreme Court, 2021
John B. v. Alisa B.
Alaska Supreme Court, 2021
Robert A. v. Tatiana D.
474 P.3d 651 (Alaska Supreme Court, 2020)
Sharon Thompson v. Everett Thompson
454 P.3d 981 (Alaska Supreme Court, 2019)
Georgette S.B. v. Scott B.
433 P.3d 1165 (Alaska Supreme Court, 2018)
Lewis G. v. Cassie Y.
426 P.3d 1136 (Alaska Supreme Court, 2018)
Wagner v. Wagner
386 P.3d 1249 (Alaska Supreme Court, 2017)
Abby D. v. Sue Y.
378 P.3d 388 (Alaska Supreme Court, 2016)
Collier v. Harris
377 P.3d 14 (Alaska Supreme Court, 2016)
Jerry B. v. Sally B.
377 P.3d 916 (Alaska Supreme Court, 2016)
Martin v. Martin
303 P.3d 421 (Alaska Supreme Court, 2013)
Greenway v. Heathcott
294 P.3d 1056 (Alaska Supreme Court, 2013)
Mallory D. v. Malcolm D.
290 P.3d 1194 (Alaska Supreme Court, 2012)
Jack C. v. Tally C.
284 P.3d 13 (Alaska Supreme Court, 2012)
Sheffield v. Sheffield
265 P.3d 332 (Alaska Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
816 P.2d 145, 1991 Alas. LEXIS 84, 1991 WL 150190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-long-alaska-1991.