McDanold v. McDanold

718 P.2d 467, 1986 Alas. LEXIS 328
CourtAlaska Supreme Court
DecidedMay 9, 1986
DocketS-915
StatusPublished
Cited by28 cases

This text of 718 P.2d 467 (McDanold v. McDanold) 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
McDanold v. McDanold, 718 P.2d 467, 1986 Alas. LEXIS 328 (Ala. 1986).

Opinion

OPINION

BURKE, Justice.

Nora McDanold appeals the trial court’s award of custody of Aileen McDanold to her ex-husband, Brad McDanold. At issue in this appeal is whether the trial court abused its discretion in granting sole custody of the couple’s child to Mr. McDanold. We affirm the trial court’s disposition since it did not abuse its discretion.

Child custody disputes are among the most difficult a trial court faces. Trial courts are, therefore, vested with broad discretion in determining where custody should be placed. Craig v. McBride, 639 P.2d 303, 304 (Alaska 1982); Horutz v. Horutz, 560 P.2d 397, 399 (Alaska 1977). We will only reverse a trial court’s determination when we are convinced that controlling findings of fact are clearly erroneous or where the record indicates an abuse of discretion. Starkweather v. Curritt, 636 P.2d 1181, 1182 (Alaska 1980); Bonjour v. Bonjour, 566 P.2d 667, 668 (Alaska 1977); Horutz, 560 P.2d at 399.

An abuse of discretion may be found where the trial court considered improper factors in making its determination, failed to consider statutorily-mandated factors, or assigned too much weight to some factors while ignoring others. Craig, 639 P.2d at 304. The paramount consideration, in an award of custody, is the best interests of the child. AS 25.20.060; 1 Horutz, 560 P.2d at 399.

Mrs. McDanold argues that the trial court abused its discretion because it did not explicitly address every statutory factor. She further contends that the trial court based its decision on improper factors.

A. Statutory Factors

Alaska Statute 25.24.150(c) enumerates factors to be considered by the trial court in determining custody:

*469 (c) The court shall determine custody in accordance with the best interests of the child_ In determining the best interests of the child the court shall consider
(1) the physical, emotional, mental, religious, and social needs of the child;
(2) the capability and desire of each parent to meet these needs;
(3) the child’s preference if the child is of sufficient age and capacity to form a preference;
(4) the love and affection existing between the child and each parent;
(5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(6) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent.

Mrs. McDanold asserts that the trial court abused its discretion by failing to specifically consider each of the statutory factors separately and make explicit findings on each. We have held that an abuse of discretion exists where the trial court has assigned “too great a weight to some factors while ignoring others.” Bonjour, 566 P.2d at 668 (quoting Horton v. Horton, 519 P.2d 1131, 1132 (Alaska 1974)). We have also found an abuse of discretion where the trial court “failed to consider statutorily-mandated factors.” Deivert v. Oseira, 628 P.2d 575, 577 (Alaska 1981).

Here, the trial court did not specifically address each of the statutory factors in its oral or written findings of fact. However, the court gave explicit reasons for the award of custody. The determining factor for the decision was the relative stability of the parties. Stability is a relevant factor for the trial court to consider even though not explicitly listed in AS 25.24.150(c). 2

In Craig v. McBride, 639 P.2d 303 (Alaska 1982), we stated that “stability is a proper consideration” in determining custody. Id. at 305. “The fact that the mother had only recently attempted to create a stable home environment was entitled to consideration. Indeed, we do not preclude the court from determining on remand that factors such as these ... are dispositive.” Id. We cautioned trial courts that it is the parent’s present ability to provide for the needs of the child which is at issue, not the parent’s past. Id. at n. 7. However, the Craig court allowed the trial court to consider the fact that prior to the mother’s recent marriage she “had failed to establish a stable home or sense of community.” Id. In Craig, we remanded the action because the trial court had indicated in its findings of fact that the mother had “borne children out of wedlock and demonstrated an instability in terms of place or relationship.” Id. at 305. Consideration of such facts was deemed improper. Id.

We have recently addressed the trial court’s consideration of factors in the best interests of the child. McClain v. McClain, 716 P.2d 381 (Alaska, 1986) (affirmed joint custody award where trial court determined both parents were fit and an earlier agreement met the best interests of the child). In McClain, we held that in an initial custody proceeding the trial court may consider when determining the best interests of the child, “all relevant factors including those enumerated in AS 25.24.-150(c).” Id. 3 (emphasis in original). There we implicitly recognized that each specific factor did not have to be addressed. Instead the trial court could consider all the relevant circumstances including the demeanor of the witnesses and conflicting testimony. Id.

Other states have considered the failure of a trial court to specifically consider each and every statutorily mandated factor. Those courts hold that a trial court need not make specific findings on each of the factors in its statute. In re Marriage of *470 Jaramillo, 37 Colo.App. 171, 543 P.2d 1281, 1282 (1975) (the findings must only be sufficient for the appellate court to determine on what ground the trial court reached its decision and whether that decision was supported by competent evidence); Meyer v. Meyer,

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Bluebook (online)
718 P.2d 467, 1986 Alas. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdanold-v-mcdanold-alaska-1986.