Alaska Supreme Court

Justin L. Nelson, Appellant v. Erica R. Nelson, Appellee

October 28, 20112011 Alas. LEXIS 113

Summary

The Alaska Supreme Court vacated the superior court's custody modification order because an anticipated military relocation constituted a substantial change in circumstances and the court had not independently analyzed the children's best interests. It held that the parties' Parenting Agreement could inform the custody decision but did not dictate the post-relocation arrangement, and it remanded for a best-interests analysis and allocation of custody-investigation costs. Justice Stowers, joined by Justice Winfree, dissenting in part, would have affirmed enforcement of the Parenting Agreement and the denial of custody modification while remanding only the investigator-fee issue.