Farrell v. Farrell

RABINOWITZ, Chief Justice,

dissenting

in part.

Given the legislatively mandated presumption in favor of shared legal custody, and upon consideration of the relevant evidence in the record, I conclude that the superior court erred in denying Robert shared legal custody of the parties’ children.1 Here the evidence shows that over a significant period of time prior to trial Robert and Ruth were able to communicate and cooperate to the extent of making decisions concerning visitation and the children’s upbringing. Neither the parties’ past history of domestic violence nor Robert’s drinking appears to have prevented adequate communication between the parties or their ability to reach decisions concerning visitation and the children’s needs.

I would therefore reverse the superior court’s custody decision and remand with directions to enter a decree which provides for shared legal custody.

. AS 25.20.060.