Mengisteab v. OatesAnnotate this Case
Nuria Mengisteab filed a motion to modify custody to relocate with the parties’ young son, Saul, to another state, and then moved two days later. After several months the superior court ordered that the child return to Alaska and conditionally awarded primary custody to the father if Mengisteab chose to remain out-of-state. Appealing pro se, Mengisteab argued the superior court erred in several respects. The Alaska Supreme Court determined none of her arguments had merit, except for her contention that the court failed to consider the effect separation from his mother would have on continuity and stability in the child’s life. Because the court was required to consider the child’s best interests based on the assumption that Mengisteab would remain out-of-state, the Supreme Court reversed and remanded for further proceedings.