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MEMORANDUM OPINION AND JUDGMENT*
1. This matter returns to us after our remand in McAlpine v. Pacarro (McAlpine I).1 As we directed, the superior court conducted an evidentiary hearing on Kalindi McAlpine's motion to modify the existing child custody order. The superior court then denied McAlpine's custody modification motion and later denied McAlpine's motion for reconsideration. McAlpine appeals from those orders.
2. Our primary concern in McAlpine I was that in prior custody modification proceedings McAlpine may not have had a full and fair opportunity to litigate her claims that Shaun Pacarro had a history of domestic violence precluding him from being awarded custody.2 On remand the superior court ordered McAlpine to identify each and every alleged instance of domestic violence and gave notice that both parties would have an opportunity to present evidence on the alleged domestic violence and the best interests of the children. The parties presented their evidence over five days in October to December 2012. The superior court issued its decision in June 2013.
3. The superior court made specific credibility findings that inform our consideration of McAlpine's appeal.3 The court found that McAlpine "exaggerated [] carelessly or simply made facts up" causing it "to limit the weight it [could] place on any of her testimony." The court found that one of McAlpine's witnesses presented "a difficult story to believe" and that McAlpine's mother, who testified on McAlpine's behalf, was "biased in favor of her daughter." The court found that both McAlpine and her mother "showed no ability to remain objective" and that they reported anything negative about Pacarro while they ignored concerns other family members mistreated the children. The court found Pacarro credible, stating that it had "no basis to disbelieve [his] testimony."
4. With respect to McAlpine's domestic violence allegations, the superior court found that there was one instance of domestic violence by Pacarro.4 The court found that there had been a second incident in which McAlpine sought and obtained a domestic violence restraining order, but that there had been no testimony taken by the magistrate and Pacarro had not opposed the order.5 After hearing the parties testify about the incident, the court found that Pacarro had not engaged in domestic violence.6 The court also found that McAlpine had not proved her other 30-plus domestic violence allegations. The court therefore determined that Pacarro did not have a "history" of domestic violence and that the statutory presumption barring parents with a history of domestic violence from having custody of children did not apply.7 McAlpine argues that the court improperly weighed the evidence and made erroneous factual determinations, and that its rulings are incorrect. But having reviewed the record in light of the superior court's credibility findings, we conclude that the court's findings of fact are not clearly erroneous and that its legal analysis is correct.
5. We also have reviewed the superior court's best interests analysis.8 McAlpine alleges that the superior court relied on inaccurate testimony, "distorted the evidence, [and] abused its discretion," and that its factual findings are erroneous. But, again, we have reviewed the record in light of the superior court's underlying credibility findings and conclude that its factual findings are not clearly erroneous, its legal analysis is correct, and it did not abuse its discretion in determining that Pacarro having sole legal and primary physical custody is in the best interests of the children.
6. McAlpine requests that this court eliminate her child support obligations dating back to 2009. The superior court correctly held that retroactive modifications are prohibited by Alaska Civil Rule 90.3(h)(2) and properly denied her request. We also deny this request.
7. McAlpine requests that Judge Aarseth be removed from any future involvement with this case based on her view that he is biased. McAlpine first argues that Judge Aarseth tampered with the recording of the hearing to remove testimony that was unfavorable to Pacarro. But there is no objective evidence that the audio recording or the log notes have been edited, nor is it clear that tampering with a recording would be possible. McAlpine also argues that the June 2013 order was issued on the last possible day and that the court "did not provide a signed order until 40 days after the deadline." But the record indicates that a copy of the June 5 order was mailed to McAlpine on June 6, 2013. There is no evidence that the order was late, or that even if it were late it would evidence bias. We decline to remove Judge Aarseth from future proceedings.
8. The remainder of McAlpine's briefing concerns matters related neither to the superior court's June 2013 custody decision nor to the later denial of McAlpine's reconsideration motion.9 We do not address those issues.
9. The superior court's June 2013 custody order is AFFIRMED.
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