Mallory D. v. Malcolm D.

Summary

The Alaska Supreme Court affirmed the superior court's denial of Mallory's request to modify custody of Brooke and Megan, while leaving in place the increased visitation with Jason. It held that when both parents have histories of domestic violence and neither is more likely than the other to repeat the violence, the trial court may conclude that the statutory custody presumption applies to neither parent and decide custody under the best-interests factors. The court also upheld the superior court's factual findings and its weighing of the custody factors under the applicable deferential standards.