Justia Family Law Opinion Summaries

Appellant Phyllis Williams appealed an order of the superior court that denied four motions to reconsider child support, visitation arrangements, the appointment of a court custody investigator, and a share of her ex-husband Appellee DeJeaux Williams' military retirement pay. Both parties appeared pro se. Upon careful consideration of all of Ms. Williams' arguments, the Supreme Court found that Ms. Williams' motions were either untimely or otherwise lacked merit. The Court dismissed Ms. Williams' appeal and affirmed the lower court's orders on all matters raised on appeal.

Bryan and Leota Bagby divorced in 2008. Mr. Bagby was awarded custody of the coupleâs only child during the school year. Mrs. Bagby was awarded visitation in the summer months and on alternate holidays. Mr. Bagby moved to Arizona after the custody trial. Mrs. Bagby filed a motion to modify the custody order, but the court denied the motion without holding a hearing. The court reasoned that Mr. Bagbyâs move was not a substantial change in circumstances since the original order contemplated long-distance travel for visitation when both parents lived in different cities in Alaska. Mrs. Bagby appealed. The Supreme Court had consistently held that an out-of-state move is a substantial change in circumstances. In this case, the Court reversed the lower courtâs order and remanded the case for a hearing on Mrs. Bagbyâs motion to modify custody.