Alert -- Evans v. McTaggart -- April 2004 Alaska Supreme Court Case on Grandparent Custody and Visit
by: Alaska Legal Services Corporation
In Troxel v. Granville, 530 US. 57 (2000), the United States Supreme Court established that a fit parent's right to custody of her children might justly allow her to deny visitation between the children and the children's grandparents, even if a state judge thought that visitation would be in the children's best interests and even if a state law provided for grandparent visitation under the circumstances. Alaska case law has provided for custody actions by grandparents and other people with significant connections to a child; and Alaska statutes have provided that courts may award visitation to grandparents who independently petition for it, and to grandparents and others who ask for it in the context of an existing custody case between then parents, when this in a child's best interests. On April 9, the Alaska Supreme Court issued Evans v. McTaggart, Op. No. 5974 (Alaska, April 9, 2004), which goes a long way towards establishing which parts of the Alaska system may be unconstitutional under Troxel v. Granville.
Grandparents and others with significant connections to children can probably continue to file for custody, although they will have to meet an increased burden of proof in showing that the parents have problems interfering with their ability to raise the children; but grandparents and others without any significant connections to children probably will not be able to file cases for visitation, or even ask for it in the midst of the parents' custody or divorce case. Whether grandparents with significant connections to grandchildren can continue to file independent visitation cases under the principal grandparent visitation statute, AS 25.20.065, is an issue the Evans v. McTaggart case does not resolve.
A more detailed analysis of Evans v. McTaggart can also be found on AlaskaLawHelp.
Last Reviewed On: 04/11/04
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