Kristen L. v. Benjamin W.
Supreme Court of Alaska
2014 WL 2716842 (Alaska June 11, 2014)
Kristen L. (defendant) and Benjamin W. (plaintiff) divorced with joint legal custody of their two children and Kristen holding primary physical custody. The younger child, born male, identified and dressed as female, which Benjamin supported more than Kristen did. Benjamin later found bruises on the younger child during a visit, and the children told him Kristen had caused them through violent behavior; their counselor testified the children reported frequent physical abuse by Kristen. The trial court found Benjamin and the counselor more credible than Kristen, granted Benjamin's petition to modify custody, awarding him sole legal and primary physical custody based on Kristen's domestic abuse and inability to accept the child's transgender identity as a significant change in circumstances. Kristen appealed.
Whether a child-custody award may be modified if the court determines that a significant change in circumstances requires the modification of the award in the best interests of the child.