Justia Alaska Supreme Court Opinion Summaries

After the birth of a child who qualified as an Indian child under the Indian Child Welfare Act (ICWA), the Office of Children’s Services (OCS) in Alaska took emergency custody due to the mother’s substance use during pregnancy. Initially, no relatives were available for placement, so the child was placed with a non-relative foster parent. Nearly two and a half years later, the mother requested that the child be placed with his great-grandmother. OCS denied this request, citing unsafe conditions in the great-grandmother’s home, including excessive clutter that posed safety risks. The great-grandmother made some improvements but did not sufficiently address the concerns. OCS also expressed doubts about her judgment and ability to protect the child, referencing past incidents involving other family members.The Superior Court of the State of Alaska, Fourth Judicial District, held a placement review hearing after the great-grandmother requested judicial review of OCS’s denial. The court found by clear and convincing evidence that OCS did not abuse its discretion in denying the placement, determining that the great-grandmother’s home remained unsuitable and that her past actions raised concerns about her ability to prioritize the child’s needs. The court also concluded that OCS was not required to provide the great-grandmother with reasonable efforts to make her home suitable, as she was not the child’s parent or guardian.On appeal, the Supreme Court of the State of Alaska considered whether ICWA required OCS to demonstrate “active efforts” to assist the great-grandmother in overcoming obstacles to placement. The court held that ICWA’s active efforts requirement applies to preserving or reunifying the family unit with a parent or Indian custodian, not to extended family members seeking placement. Therefore, OCS was not required to provide active efforts to the great-grandmother in this context. The Supreme Court affirmed the superior court’s decision upholding OCS’s denial of placement. View "Betsy F. v. State" on Justia Law

A couple married in 2002 after signing a prenuptial agreement that largely kept their finances separate, with the husband retaining significant assets and the wife having much less. The agreement, signed ten days before the wedding, stated that each party’s property and earnings would remain separate, and it limited the wife’s ability to seek attorney’s fees, spousal support, or an unequal division of marital property in the event of divorce. During the marriage, the husband committed multiple acts of domestic violence against the wife, which ultimately led to their separation and the wife filing for divorce after nearly eighteen years.The Alaska Superior Court, Third Judicial District, Anchorage, held a divorce trial and found the wife’s testimony more credible, determining that the husband had committed four crimes of domestic violence. The court found the prenuptial agreement was voluntarily signed and not unconscionable at the time of execution, but concluded that changed circumstances—specifically, the husband’s domestic violence—made it unfair to enforce provisions barring the wife from seeking attorney’s fees, spousal support, or an unequal division of the marital estate. The court awarded the wife 75% of the marital estate, but did not include proceeds from a California timeshare in the division and counted $80,000 the wife withdrew at separation against her share. The court also based child support on the husband’s claimed tax rate without supporting evidence.On appeal, the Supreme Court of the State of Alaska affirmed in part and reversed in part. It held that the prenuptial agreement was not unconscionable and was voluntarily signed, but that the superior court could strike certain terms due to changed circumstances, such as domestic violence, while enforcing others. The Supreme Court remanded for further explanation regarding which terms should be enforced, for inclusion of the California timeshare in the property division, for reconsideration of the $80,000 withdrawal, and for recalculation of child support based on proper tax evidence. View "Kilkenny v. Kilkenny" on Justia Law

A married couple separated after more than twenty years together and reached a settlement agreement to divide the marital portion of the husband’s Alaska Railroad Corporation pension plan equally, including a 50% survivor benefit for the wife. However, the pension plan’s terms did not allow for the precise division the parties intended. The plan only permitted three options for survivor benefits: no survivor, treating the wife as the surviving spouse (which would give her more than her marital share), or a conditional benefit that could end if the husband remarried and predeceased the wife. The husband proposed selecting the third option and, if he remarried, purchasing life insurance to protect the wife’s interest. The wife objected, expressing concern about relying on the husband to maintain life insurance and arguing for the option that would make her the sole survivor beneficiary.The Superior Court of the State of Alaska, Third Judicial District, Anchorage, selected the third option, allowing the husband to name a future spouse as a joint survivor beneficiary, but did not require him to purchase life insurance. The court reasoned that this option most fairly allocated the risks and reflected the parties’ agreement to divide only the marital portion of the plan. The court did not address or incorporate the husband’s offer to purchase life insurance in its order.On appeal, the Supreme Court of the State of Alaska reviewed whether the superior court abused its discretion by not requiring life insurance or otherwise protecting the wife’s survivor benefit interest. The Supreme Court held that the superior court erred by failing to explain why it did not require the husband to purchase life insurance or otherwise ensure the wife’s interest was protected. The Supreme Court vacated the superior court’s order and remanded the case for further proceedings, instructing the lower court to reconsider the life insurance offer and explain its decision. View "Sandvik v. Frazier" on Justia Law

A couple divorced, and the superior court awarded them joint legal custody of their minor child, with primary physical custody to the mother. The court also divided the couple’s marital estate. The father, representing himself, appealed, arguing that the division of the marital estate was inequitable. He claimed errors in the court’s determinations, including not crediting him for post-separation payments, not allowing him to apply for the child’s Permanent Fund Dividend (PFD), not allowing him to claim the child as a dependent for tax purposes, and its custody decision.The superior court held a one-day trial by videoconference, where both parties testified. The court issued a decree of divorce and findings of fact and conclusions of law, awarding joint legal custody to both parties and primary physical custody to the mother. The court divided the proceeds from the sale of the marital home, taking into account the father’s child support arrearage and an escrow shortage. The court also divided the couple’s vehicles and assigned debts based on testimony and the mother’s spreadsheet. The court ordered that the mother would be responsible for the child’s PFD and could claim the child as a dependent for tax purposes. The court ordered that the father’s 401(k) be divided equitably according to the mother’s spreadsheet.The Supreme Court of the State of Alaska reviewed the case. It vacated the superior court’s division of the marital estate, finding that the court’s treatment of the father’s 401(k) was unclear and lacked clarifying findings. It also found legal error in the court’s failure to address post-separation payments when dividing the marital estate. The court remanded for further proceedings on these issues. The Supreme Court otherwise affirmed the superior court’s decisions, including the custody award and the decisions regarding the child’s PFD and tax dependency. View "Wolffe v. Wolffe" on Justia Law

A nine-year-old boy lifted his grandmother, causing her to fall and suffer pain. The boy’s father, in response, pushed the boy to the ground to show him "how it felt to be Grandma." The boy’s mother sought a domestic violence protective order (DVPO) against the father on the boy’s behalf. The superior court granted the order, finding that the father had assaulted the boy and rejected the father's argument that the push was reasonable parental discipline.The superior court found that the father's actions amounted to an assault and were not reasonable corporal discipline. The court noted that the father should have calmed down and had a mature conversation with his son instead of pushing him to the ground. The court granted a long-term DVPO against the father. The father moved for reconsideration, arguing insufficient evidence of assault and permissible corporal discipline. The court denied reconsideration.The Supreme Court of the State of Alaska reviewed the case. The court held that there was sufficient evidence to support the superior court’s finding of assault, as the father’s actions caused the boy physical pain and were reckless. The court also affirmed the superior court’s rejection of the reasonable corporal discipline defense, finding that the father’s actions were not reasonable or appropriate and were motivated by retribution rather than a desire to promote the child’s welfare. The Supreme Court affirmed the superior court’s judgment. View "Peter R. v. B.M.R." on Justia Law

A mother and father, both residing in Nome, Alaska, disputed custody of their three children. The mother sought to modify the existing custody arrangement and move with the children to Palmer, where she and her new husband had purchased a home. The father opposed the move. Following a hearing, the superior court awarded primary physical custody and sole legal custody of the children to the father. The mother appealed.The Superior Court of the State of Alaska, Second Judicial District, found that the mother's relocation to Palmer constituted a substantial change in circumstances, necessitating a modification of the custody arrangement. The court awarded primary physical custody to the father, emphasizing the importance of maintaining the children's geographic stability in Nome. The court also awarded sole legal custody to the father, reasoning that joint legal custody only works when parents' decisions are consistent nearly all the time, which it found was not the case here.The Supreme Court of the State of Alaska reviewed the case and found that the superior court erred by not conducting the required symmetrical analysis when one parent intends to relocate a significant distance. The court also failed to consider the children's relational stability in determining physical custody. The Supreme Court held that the superior court must conduct a symmetrical analysis, considering the consequences of the move with or without the children, and must also consider relational stability, not just geographic stability. Additionally, the Supreme Court found that the superior court's award of sole legal custody to the father was unsupported by the record and based on an incorrect legal standard. The Supreme Court vacated and remanded the award of primary physical custody for the superior court to conduct the required analyses and reversed the award of sole legal custody, maintaining joint legal custody between the parents. View "Outwater v. Ahmasuk" on Justia Law

The Office of Children’s Services (OCS) removed two Indian children from their home after finding their parents intoxicated and unable to care for them. The superior court adjudicated the children as being in need of aid, and the children’s tribe intervened. The children’s father moved to another state and, after initially failing to engage with OCS, eventually completed all case plan requirements. OCS then sought to place the children with their father through the Interstate Compact for the Placement of Children (ICPC), but the other state denied approval. Despite this, OCS sought permission from the superior court to release custody to the father while he was temporarily in Alaska.The superior court found that the ICPC was inapplicable to a release of custody to a parent under AS 47.14.100(p) and granted OCS’s request, dismissing the case. OCS released custody to the father before he left Alaska. The Native Village of Saint Michael appealed, arguing that the ICPC should apply and that the superior court failed to make adequate best interest findings.The Supreme Court of the State of Alaska reviewed the case and concluded that when OCS properly releases custody of a child to a parent under AS 47.14.100(p), the requirements of the ICPC do not apply, even if the parent plans to subsequently transport the child to another state. The court affirmed the superior court’s decision that the ICPC was inapplicable under the circumstances and that the other state’s approval was not required for placement with the father. The court also affirmed the dismissal of the case. View "Native Village of Saint Michael v. State" on Justia Law

A mother and father had their parental rights terminated in two consolidated child in need of aid (CINA) cases. They appealed the termination, and the Alaska Supreme Court reversed the termination order and remanded for further proceedings. While the appeal was pending, the children's foster parents petitioned to adopt them, and the superior court granted the adoption petitions. On remand, the superior court did not require the Office of Children’s Services (OCS) to make further efforts to reunify the family and instead reevaluated the same information, terminating the parental rights again. The parents appealed, and the Alaska Supreme Court reversed the termination order a second time.The parents then sought to vacate the adoption and reopen the CINA case. The adoptive parents opposed, arguing that the parents' attempt to vacate the adoption was barred by the one-year limitation period for challenging an adoption decree. The superior court agreed with the adoptive parents, concluding that the parents' failure to appeal the adoption decree itself within one year barred their challenge. The court also concluded that the motion to reopen the CINA case was moot because the adoption remained valid, and the children were no longer in need of aid.The Alaska Supreme Court reviewed the case and affirmed the superior court's judgment. The court held that the one-year limitation period for challenging an adoption decree under AS 25.23.140(b) applies strictly to appeals of the adoption decree itself, not to appeals of related termination orders in CINA cases. The court emphasized the legislative intent to provide finality and stability for adopted children, noting that allowing collateral attacks on adoption decrees beyond the one-year period would unreasonably disrupt the upbringing of adopted children. Consequently, the adoption remained valid, and the CINA case was moot. View "In re Adoption of C.R. and E.R. v. State" on Justia Law

A father opposed the petition of his child's foster parent for guardianship. The child, a member of his mother's tribe, had been in the foster parent's care for about two years. The Office of Children's Services (OCS) took custody of the child in 2019 due to domestic violence and drug abuse in the mother's home. The father, living in Arizona at the time, was contacted by OCS after the child was taken into custody. OCS attempted to place the child with the father, but an Arizona home study recommended against it. The child was placed with the foster parent, a relative and tribal member.The superior court granted the foster parent's guardianship petition after an evidentiary hearing, finding it in the child's best interests and that returning the child to the father would likely result in serious emotional damage. The father appealed, arguing that the guardianship was a de facto termination of parental rights and required additional findings and procedural steps.The Alaska Supreme Court remanded the case to the superior court to address whether OCS had made active efforts to prevent the breakup of the family, as required by the Indian Child Welfare Act (ICWA). On remand, the superior court made additional findings on the existing record and reaffirmed the guardianship order.The Alaska Supreme Court reviewed the case and concluded that the superior court did not clearly err or abuse its discretion. The court held that the superior court made the necessary findings under ICWA, including that OCS had made active efforts to prevent the breakup of the family and that guardianship was in the child's best interests. The court also clarified that guardianship proceedings do not require the termination of parental rights and can proceed independently of a Child in Need of Aid (CINA) proceeding. The order appointing the guardian was affirmed. View "In re Protective Proceedings of Macon J." on Justia Law

A husband and wife divorced after 19 years of marriage, with six children, including four adopted minors. The wife, a nurse practitioner, challenged the superior court's division of marital assets, particularly the valuation of the husband's law practice, which the court found lacked marketable goodwill. She also disputed the treatment of a $75,000 payout as a pre-distribution rather than interim support and the offsetting of adoption subsidies against the husband's child support obligation.The superior court, Third Judicial District, Anchorage, held a four-day custody trial and a five-day property trial. The court awarded 50/50 shared physical custody and divided the marital estate 60/40 in favor of the wife. The court valued the husband's law firm based on its net assets, excluding goodwill, and found the Wasilla office building was not a marital asset. The court also calculated the husband's child support obligation but reduced it to account for the adoption subsidies received by the wife.The Supreme Court of the State of Alaska reviewed the case. It affirmed the superior court's decision, holding that only marketable goodwill may be divided on divorce, and the evidence showed the law firm lacked such goodwill. The court found no error in the superior court's other decisions, including the pre-distribution in lieu of interim spousal support and the temporary adjustment of the child support obligation. The court also upheld the superior court's valuation of the law firm, the classification of the Wasilla office building, and the finding that the law firm had no excess cash. The Supreme Court concluded that the superior court did not abuse its discretion in declining to award interim spousal support, in its treatment of post-separation earnings, or in its decision not to award long-term spousal support, above-guidelines child support, or additional attorney's fees. The property division, including the award of the marital home to the husband, was found to be equitable. View "May v. Petersen" on Justia Law