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Bell v. Bell

Alaska Supreme Court

794 P.2d 97 (1990)

Relevant factsFree

Greg Bell (plaintiff) and Debra Bell (defendant) married in 1986, had a son, and separated in 1987. During the marriage and after separating, the couple shared parenting duties and custody equally, alternating weekly and jointly relying on the same babysitter. Their only disagreement was that Debra later began placing their son in daycare during her custodial time instead of using the shared babysitter, while Greg continued using the babysitter during his time. A custody investigator recommended the parents continue sharing legal custody with the child's primary residence at Debra's home, a recommendation Debra accepted. Despite that recommendation and the parties' otherwise full cooperation, the trial court awarded both legal and physical custody solely to Debra, reasoning the couple couldn't adequately cooperate on their son's interests, and gave Greg only limited visitation. Greg appealed.

IssueFree

Whether a trial court errs in awarding sole legal and physical custody to one parent where, apart from a single disagreement over childcare arrangements, the separated parents shared custody equally and cooperated fully in all other aspects of parenting.

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