Faye H. v. James B.

BOLGER, Justice.

I. INTRODUCTION

Alaska Statute 25.24.150(g) creates a re-buttable presumption that a parent with a "history of perpetrating domestic violence" shall not be awarded sole or joint physical custody in a child custody case. A "history of perpetrating domestic violence" is found where a parent cither causes serious physical injury during one incident of domestic violence or engages in more than one domestic violence incident.

Here the superior court awarded the parents joint physical custody of their daughter, finding that although the father had committed domestic violence, it was…