Daves v. McKinley

MAASSEN, Justice.

I. INTRODUCTION

The superior court awarded custody of a child to her maternal grandmother. When the father later moved for a modification of custody, the court denied the motion on the ground that there had been no substantial change in circumstances. On appeal the father argues that he should not have been required to show a substantial change in circumstances because the award of custody to the grandmother had been only temporary and he remained entitled to the parental preference.

We conclude that the father's argument has merit. The superior court's oral remarks and written…