Nichols v. Mandelin

790 P.2d 1367, 1990 Alas. LEXIS 52, 1990 WL 52227
CourtAlaska Supreme Court
DecidedApril 27, 1990
DocketS-2922
StatusPublished
Cited by33 cases

This text of 790 P.2d 1367 (Nichols v. Mandelin) 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
Nichols v. Mandelin, 790 P.2d 1367, 1990 Alas. LEXIS 52, 1990 WL 52227 (Ala. 1990).

Opinions

OPINION

RABINOWITZ, Justice.

FACTS AND PROCEEDINGS.

Edward and Crystal lived together from November of 1980 through July of 1983. On November 21, 1981, Crystal gave birth to a child, John. Edward is the natural father of this child. Following John’s birth, until July of 1983, Edward and Crystal lived together.

In March of 1983 Crystal underwent a thirty-day alcoholism treatment program at a hospital. Edward testified that Crystal had driven John around in an automobile while intoxicated on one occasion. This occurred when John was a little more than one year old. On another occasion Crystal became intoxicated after an argument with Edward, and took John on a plane from Anchorage to Los Angeles. Additionally, Edward testified that there were “times when [he] would come home that Crystal would be incapacitated on the couch, and John would be wandering around the house.” There is no testimony that any of these events took place after Crystal underwent alcohol treatment.

Following her initial alcohol treatment Crystal attended Alcoholics Anonymous. She testified that she has consumed alcohol since then, but there is no direct evidence that she has been intoxicated during that time. Friends testified that she conscientiously avoids alcoholic drinks when she socializes with them. Edward testified, however, that about six months prior to trial, he had been told by a babysitter hired by Crystal that Crystal had passed out. The babysitter disputes this in her deposition. Edward additionally testified that he had other indirect information indicating that Crystal still consumed alcohol. The child custody investigator concluded, based on his review of statements by references and his interviews with Crystal, Edward and John, that alcohol is not currently a problem for either parent.

In July of 1983, Crystal moved out of the house the parties were sharing, taking John with her. Crystal testified that later in the month Edward forcefully took John away from her after a visit during which he had been drinking.

On July 22, 1983, Crystal filed for custody in Anchorage Superior Court. On July 29th the parties informed a superior court Master that they had reached a temporary agreement for month-to-month alternating custody. This lasted until September of 1983, when Crystal decided to give custody of John to Edward, and dismiss her custody complaint. Her original intent was for this arrangement to last for only eight or nine months. Crystal’s proffered reason for temporarily conceding custody was that she was having financial difficulties, caused in part by the fact that she was supporting her younger sister. Furthermore, at the time, Crystal was working from 8:00 a.m. until 12:00 p.m. The parties agreed that Crystal could have visitation “virtually any weekend that she wanted,” and that she could have four weeks of visitation during the summer. Crystal testified that support was discussed by the parties, but not provided since Edward “never requested it.” Crystal did take John out to buy him $100 to $200 worth of clothes periodically. Also, she placed John on her insurance plan.

John remained in Edward’s custody from September of 1983 through September of 1987. Edward worked in construction until September of 1987, and currently works as a coach for a swim team, and for the borough as a lifeguard.1

[1369]*1369Crystal’s visitation with John has been erratic. Early in the arrangement Crystal was only able to see John about one weekend per month due to her long work hours. However, Crystal testified that after 1984 it was a “struggle” to schedule visitation with John. Between 1984 and 1987 visitation averaged about twice per month. She testified that while John was “copesetic” about visitation when she was able to contact him, contacting him has been a problem. Edward testified that he never called Crystal to offer visitation.2 Edward also testified that while Crystal would have preferred summer visitation in four-week blocks of time, he generally only allowed her visitation in one-week blocks. There were exceptions, and during one summer he allowed Crystal a three or four week visitation period.

John’s babysitter between 1984 and September of 1987 was Shawndra Petty. She was generally employed for five days per week, though sometimes she was needed on a sixth day as well. Shawndra took care of John at her home. Sometimes Shawndra would leave John with a neighbor, Joyce Knoller. Edward and Shawndra would talk about John’s day for about 10 to 15 minutes when he went to pick his son up.

While Edward testified as to Shawndra’s competence, Crystal had difficulty accepting the babysitting arrangement. She believed that John was becoming too attached to Shawndra, and expressed her concerns to Edward. Crystal notes that the record shows Edward allowed John to vacation with Shawndra’s family each summer for one or two weeks. Also, John had called Shawndra “mom” for a period of a “couple of months,” but at Crystal’s objection, Edward had John call the babysitter by her first name.3

Edward further testified that while he tried to foster an open mother-child relationship between John and Crystal, the infrequency of Crystal’s visitations was making this difficult. Edward’s four years of continuous custody of John was disrupted in September of 1987. In July of 1987 Edward called Crystal to tell her of a six to eight week job opportunity he had in Be-thel. The parties understood that the local job market offered little work, that the position in Bethel would be lucrative, and that Edward should take advantage of it.

Edward was living in Wasilla at this time. Crystal testified that as a result of the Bethel job, the parties had agreed that she would have visitation with John for the full month of August, and bring John to Shawndra’s house in September to begin kindergarten in Palmer. Edward testified that he did not become aware of the job until mid-August, implying that visitation was only to begin at that time. Though Edward testified that Crystal agreed to this arrangement, Crystal testified that she had suggested John live with her and attend school in Eagle River, where she was living. Edward did not agree to Crystal’s request, and left for Bethel in August with the parties agreeing to the initial plan. John was left with Crystal in mid-August.

[1370]*1370Crystal decided to bring John to school for his first day in September. She became disturbed upon finding that her name was not listed in the “school records.” The parental information forms were left blank. Shawndra’s name and address were provided in the spaces relating to John’s home address and with whom he lived. The forms were apparently filled out by Shawn-dra. The next day Crystal called Shawn-dra’s house to speak to John. Shawndra informed Crystal that John was no longer living with her, and that he would instead be living with Shawndra’s neighbor, Joyce Knoller. Crystal then contacted an attorney, who advised her that she could pick John up from Joyce's house. She did not contact Edward because he had no contact number in Bethel.

Edward apparently assumed that John was staying with Shawndra at this time. When Edward found out about this turn of events he called Crystal, who informed him that she intended to retain custody of John. Edward then returned from Bethel and remained in Wasilla to “fight this ...

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Cite This Page — Counsel Stack

Bluebook (online)
790 P.2d 1367, 1990 Alas. LEXIS 52, 1990 WL 52227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-mandelin-alaska-1990.