A parent does not lose custody by placing a disabled child in a facility, Alaska court rules

A parent "does not forfeit physical custody by sending a child to an assisted care facility ... where there is evidence the parent still has a custodial role," the Alaska Supreme Court held July 17 in Opinion 7817. Physical custody turns on where a child lives.

Jonathan Cline argued neither parent had it while his disabled adult daughter lived in the facility. Melinda Duckett visited regularly, arranged her care, served as guardian and conservator and covered her expenses, Justice Henderson wrote, while Cline admitted he had not participated meaningfully in her care.

She has lived outside the home since age 13. The superior court found she could not care for herself and ordered Cline to pay $640 a month, half her expenses, until she begins receiving Social Security disability benefits. A 1989 ruling allows support for a disabled adult child.

The justices affirmed that order and a 55 percent award to Duckett, but sent the case back for better findings on the capital gains split.