Garding v. Garding

OPINION

RABINOWITZ, Justice.

Kathleen Garding Hardoin (Kathleen) appeals from an Alaska superior court decision modifying a Montana custody decree and awarding custody of their two minor children to James Garding (James). We reverse.

Background.

James Garding and Kathleen Garding Hardoin entered into a common-law mar*184riage in Helena, Montana, in 1980. Two children, Ellisha and Tyler, were born of the union. The couple separated in 1983, and Kathleen filed a complaint for divorce in February 1984. They signed a settlement agreement on August 8, 1984, which gave custody of the children to Kathleen.…