Red Elk v. McBride

Two parents disputed the legal custody and visitation rights for their daughter; the mother resided in Alaska and the father resided on the Fort Peck Indian Reservation in Montana. The superior court awarded sole legal custody to the mother because it concluded that the parties could not communicate effectively to co-parent their daughter. The court ordered unsupervised visitation between the father and the daughter in Alaska, but prohibited visitation on the reservation until the daughter turned eight. The father appealed. Although the superior court did not abuse its discretion when it decided legal custody, the Supreme Court concluded the superior court failed to fully justify its decision when creating its restrictive visitation schedule and allocating visitation expenses. Consequently the Supreme Court remanded this case for further proceedings. View "Red Elk v. McBride" on Justia Law