John E. and Sally E., a Minor v. Andrea E.Annotate this Case
A divorced mother had sole legal and physical custody of her two daughters. Their father sought a protective order against the mother and a modification of custody after she repeatedly hit the older daughter with a belt. The superior court found that the mother’s actions did not trigger the presumption against custody under AS 25.24.150(g). It ordered that she retain legal and physical custody, subject only to a limited protective order, and that the father have restricted visitation. The father appealed. The Alaska Supreme Court concluded it was an abuse of discretion for the superior court to exclude the testimony of a psychologist who diagnosed the child with PTSD. The Court thus vacated the custody decision and remanded for a new analysis of the children’s best interests in light of the psychologist’s testimony.