FABE, Justice.
Michael and Rebecca Sheffield of Unalaska divorced in 2009. Because Michael planned to move to Virginia in 2010, he sought school-year custody of the couple's two sons. The superior court ruled that the children's best interests supported school-year custody with Michael in Virginia. Rebecca appeals, arguing that the superior court placed too much emphasis on the older son's preference to live in Virginia with his father, especially in relation to the geographical stability that would result if the children remained in Unalaska. We conclude that the superior court's consideration of the older child's preference was appropriate and that the superior court adequately considered the other statutory factors. We therefore affirm the superior court's decision.
Michael and Rebecca Sheffield were married on May 16, 1992 in Virginia. Both grew up in Virginia and both have family in the area. Michael and Rebecca have two sons: Davis, born in 1996, and Jacob, born in 2000. In 2003, the Sheffields moved from Virginia to Unalaska so that Rebecca could take a job with the Alaska Department of Environmental Conservation. After the couple moved to Unalaska, Michael obtained work with the city fire department. Michael and Rebecca initially planned to stay in Alaska for only two years, but the couple remained in Alaska until after their dissolution in 2009.
Michael and Rebecca separated in 2008 and filed a petition for dissolution of marriage on October 5, 2009. During the intervening 17 months of their separation, they shared custody. Until September 2008, Davis and Jacob lived with Michael "full time and visited with their mom." After that, Michael and Rebecca had a shared custody arrangement. In the dissolution petition, the couple agreed to shared legal and physical custody. They agreed to have the children spend the first part of the week with Rebecca and the second part with Michael. The parenting plan appended to the petition included a provision on relocation:
A decree of dissolution was issued in December 2009.
Michael moved to modify physical custody in June 2010 and sought to relocate to Virginia with the children "as soon as possible." Michael filed a motion to have a custody investigator, Pamela Montgomery, interview the children to determine their preference regarding the proposed move. He also sought to waive the mediation provision in their custody agreement. Rebecca opposed both the motion to modify custody and the motion to appoint a custody investigator. In her opposition, Rebecca argued that the children knew "only the rosy, unrealistic account [of the move] being given by their father."
The superior court denied Michael's motions to have the children interviewed and to waive mediation. The parties tried to mediate their case but were unable to resolve their dispute, and the case was scheduled for trial. On November 23, 2010, Rebecca agreed to have the children interviewed but only by a "qualified counselor" based in Unalaska. Rebecca proposed Donna Henry, but Michael objected, asserting that Henry was "a social friend" of Rebecca's. Michael proposed three other individuals whom he asserted were "unconnected to the parties." He then filed a motion to have the superior court select one of the parties' nominees because there was "essentially no chance that the parties will be able to agree" on someone. On December 17, 2010, the superior court selected one of Michael's nominees, Janet Giles, to interview the children. Giles interviewed Jacob and Davis on January 11, 2011 and faxed a letter to the superior court that day stating that both children preferred to live with Michael. She also faxed a copy of the letter to Michael's attorney but not to Rebecca's attorney.
The superior court held an evidentiary hearing in January 2011, and Rebecca's attorney obtained a copy of Giles's letter from Michael's attorney on January 12, the first day of the hearing. Rebecca's attorney contacted Giles on the afternoon of January 12 in order to interview her, but Giles was not available at the proposed time. Rebecca moved to disqualify Giles on January 13. The superior court denied the motion but ruled that Giles would "not be permitted to testify" until she made herself available for Rebecca's attorney to interview her. Rebecca's attorney was never able to reach Giles, who was unavailable, and Giles did not testify. The superior court struck Giles's letter from the record.
Following the three-day hearing, the superior court found that Michael's reasons for moving to Virginia were legitimate. Because the move out of state constituted a substantial change of circumstances as a matter of law, the court analyzed the best interest factors listed in AS 25.24.150 and determined that these factors supported awarding Michael custody of the children during the school year in Virginia.
Alaska Statute 25.20.110(a) provides that an "award of custody of a child or visitation with the child may be modified if the court determines that a change in circumstances requires the modification of the award and the modification is in the best interests of the child." We will reverse a custody determination order "only if the record shows an abuse of discretion or if controlling factual findings are clearly erroneous."
Rebecca argues that the court gave too much weight to 14-year-old Davis's preference to move to Virginia with his father. She argues that the superior court did not have enough information about Davis's preference to determine whether it was reliable. Specifically, Rebecca alleges an "absence of. . . information about how Davis reached a preference" and argues that Michael may have pressured Davis.
Alaska Statute 25.24.150(c)(3) instructs the superior court to consider "the child's preference if the child is of sufficient age and capacity to form a preference."
The superior court found that the record "made it clear that Davis does have a preference to go to Virginia." Although it decided not to admit Giles's report, the superior court recognized that there was not "a whole lot of dispute about [Davis's] preference," and Rebecca's counsel did not dispute that characterization. Moreover, Rebecca testified that Davis would be "disappoint[ed]" to remain in Unalaska.
In Yvonne S., we considered a case where a daughter went to live with her father, who then moved out of Alaska.
Rebecca asserts that the superior court did not adequately consider the stability that staying in Unalaska would provide for the children. A superior court cannot "ignor[e]" statutory factors, but it has "considerable discretion in determining the importance of each statutory factor in the context of a specific case and is not required to weigh the factors equally."
We have explained that the stability factor is not limited to geographic stability and continuity, but also encompasses the "totality of the circumstances [the children] were likely to encounter in their respective parents'
The superior court explained that the potential for either parent to be an excellent parent and to provide a good environment for the children made its decision more difficult. The superior court carefully considered the evidence as it weighed the relevant factors, and its decision was not an abuse of discretion.
For the foregoing reasons, we AFFIRM the superior court's decision.