Alaska Supreme Court

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

October 28, 20112011 Alas. LEXIS 113

Summary

The court held that the father's anticipated military relocation constituted a substantial change in circumstances permitting custody modification proceedings, even though the parties had anticipated that one parent would eventually move. The superior court erred by enforcing the parenting agreement's interim school-year arrangement without independently analyzing the children's best interests, so the custody order was vacated and remanded for a full best-interests inquiry and allocation of custody-investigation costs. STOWERS, Justice, dissenting in part, would have affirmed enforcement of the parties' agreement because it expressly contemplated the relocation and the resulting custody arrangement.