Kristen L. v. Benjamin W.

2014 WL 2716842 (June 11, 2014)

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Nature of the Case

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Facts

W and Benjamin (H) divorced in early 2012. They shared legal custody of their two sons, one born in 2003 and one in 2005. W was to have primary physical custody of the children. H, who is in the Air Force and lives in California. W lived in Alaska. Both were aware before the divorce that their younger child engaged in feminine behaviors, including wearing girl's clothing and nail polish. H was more accepting of the child's behavior. H noticed bruises on the younger child, including a large one on the child's back. The child said that W and her husband caused the bruises. Both children reported to a counselor that bruises on the younger child's arm were the result of W's gripping him tightly and that the large bruise on the younger child's back was the result of W's throwing him into his bedroom onto a toy. Both children told the counselor that W did not support the younger child's gender expression.

H filed a motion to modify custody based on his concerns about physical and emotional abuse of the children. The superior court concluded that there had been a substantial change of circumstances affecting the children because of W' 'domestic violence and inability to deal with her child's transgender issue.' H got custody, and W appealed.