Rodrigue v. Brewer

Suzanne Brewer (plaintiff) and Barry Rodrigue (defendant) had one child under three, Kenai. The parties’ divorce judgment ordered joint legal and physical custody of Kenai, with Kenai’s primary residence switching between the parents’ homes every four weeks. Suzanne lived in Maine, and Barry lived in Quebec City, with tentative plans for a future move to Alaska. Two expert witnesses, though in favor of joint custody in principle, expressed concerns about the parties’ long-term abilities to coparent. Dr. Gaffney recommended counseling as a prerequisite to joint custody, or, alternatively, that Suzanne be awarded custody. Dr. Hamrick supported the court’s decision to switch Kenai’s residence every four weeks, at least until he reached school age, but recommended the appointment of a parental mediator. The trial court gave Suzanne sole decision-making power over Kenai’s religious upbringing and gave Barry sole decision-making power over Kenai’s education. Suzanne had only a high-school diploma, but Barry was working on two doctoral degrees and worked as a research assistant. Expert testimony supported Barry’s greater competency in educational decisions. The district court cited the parties’ intense interpersonal conflict as the reason behind the strict parenting plan and allocation of decision-making power. The parties had not requested allocated decision-making. Suzanne appealed, arguing that (1) the trial court’s allocation of educational decision-making to Barry based on his relatively higher education was an abuse of discretion, (2) Kenai was too young to justify the allocation of decision-making, and (3) switching Kenai’s primary residence every four weeks was not in Kenai’s best interest. The superior court affirmed, and Suzanne appealed.