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J.M. v. S.C.

FAMILY LAW
Supreme Court of Alaska (2024)
Madison Detweiler

In J.M. v. S.C., 552 P.3d 475 (Alaska 2024), the supreme court held that the deterioration of a child’s emotional and behavioral health since the time of an original custody agreement constituted a substantial change of circumstances allowing for the modification of the original custody agreement. (Id. at 479). J.M. and S.C. were married and had a child together in Alaska in 2013, but they separated when their child was about a year old. (Id.). J.M. wanted to live in New Jersey with her family, but moved back to Alaska after a custody agreement was negotiated in 2016 that stated that the child would continue to live in Alaska until July 1, 2022, at which time the child would then move to New Jersey. (Id.).  The child struggled with behavioral and emotional issues from 2016 to 2019, causing him to be expelled from at least two preschool programs. (Id. at 480). In 2019, S.C. filed for divorce in Alaska and, in proceedings stemming from the divorce, asked the court to modify the 2016 custody agreement to allow the child to live primarily in Alaska rather than move to New Jersey, which the court did. (Id. at 480–81). J.M. appealed this decision arguing that the lower court abused its discretion in finding that there was a substantial change in circumstances that justified this modification to the original custody agreement. (Id. at 482). The court rejected this argument and reasoned that custody agreements should be enforced absent extraordinary circumstances only to the extent that the agreement reflects the child’s best interests. (Id.). The court further found that the child’s behavioral and emotional issues had significantly changed to the detriment of the child from the time of the original agreement in 2016 to the time of the trial in 2021. (Id. at 483). Thus, the supreme court affirmed the lower court’s decision and held that the deterioration of a child’s emotional and behavioral health since the time of an original custody agreement constituted a substantial change of circumstances allowing for the modification of the original custody agreement. (Id. at 479).

 

 

J.M. v. S.C.

FAMILY LAW
Supreme Court of Alaska (2024)
Madison Detweiler

In J.M. v. S.C., 552 P.3d 475 (Alaska 2024), the supreme court held that the deterioration of a child’s emotional and behavioral health since the time of an original custody agreement constituted a substantial change of circumstances allowing for the modification of the original custody agreement. (Id. at 479). J.M. and S.C. were married and had a child together in Alaska in 2013, but they separated when their child was about a year old. (Id.). J.M. wanted to live in New Jersey with her family, but moved back to Alaska after a custody agreement was negotiated in 2016 that stated that the child would continue to live in Alaska until July 1, 2022, at which time the child would then move to New Jersey. (Id.).  The child struggled with behavioral and emotional issues from 2016 to 2019, causing him to be expelled from at least two preschool programs. (Id. at 480). In 2019, S.C. filed for divorce in Alaska and, in proceedings stemming from the divorce, asked the court to modify the 2016 custody agreement to allow the child to live primarily in Alaska rather than move to New Jersey, which the court did. (Id. at 480–81). J.M. appealed this decision arguing that the lower court abused its discretion in finding that there was a substantial change in circumstances that justified this modification to the original custody agreement. (Id. at 482). The court rejected this argument and reasoned that custody agreements should be enforced absent extraordinary circumstances only to the extent that the agreement reflects the child’s best interests. (Id.). The court further found that the child’s behavioral and emotional issues had significantly changed to the detriment of the child from the time of the original agreement in 2016 to the time of the trial in 2021. (Id. at 483). Thus, the supreme court affirmed the lower court’s decision and held that the deterioration of a child’s emotional and behavioral health since the time of an original custody agreement constituted a substantial change of circumstances allowing for the modification of the original custody agreement. (Id. at 479).