Anchorage Custody Modification Lawyer
An existing child custody order can be modified. The change in circumstances required to modify custody under AS 25.20.110 must be "significant or substantial." The change "must be demonstrated relative to the facts and circumstances that existed at the time of the prior custody order that the party seeks to modify. The ultimate issue is whether the circumstances worsened for the child in the time since the most recent custody order.
The rule is that there must be an evidentiary hearing before a motion for modification of custody is denied, except in cases where the movant has failed to carry her burden of identifying at least a genuine factual dispute as to the existence of a change in circumstances. The superior court may deny a custody modification without an evidentiary hearing if the facts alleged, even if proved, cannot warrant modification, or if the allegations are so general or conclusory, and so convincingly refuted by competent evidence, as to create no genuine issue of material fact requiring a hearing. The moving parent bears the burden of making a prima facie showing of a substantial change of circumstance as a threshold matter. Once the movant meets that threshold burden, he or she is entitled to a hearing to consider whether, in light of such changed circumstances, it is in the child's best interest to alter the existing custodial arrangement.
This same high burden does not apply to a modification of visitation. In order to modify an existing visitation order, a moving party simply needs to prove that there has been a change of circumstances, not a substantial change of circumstances as required with a change of custody.
Contact Attorney Kenneth M. Wasche for a Free Initial Consultation
Consultations can be scheduled on-site at attorney Kenneth M. Wasche's Anchorage office or off-site as necessary. As a licensed pilot and member of the Alaska Airman's Association Mr. Wasche can visit many of Alaska's road inaccessible locations by air.
To schedule a free initial consultation with an Alaska family law lawyer, call 907-980-1223 or send an e-mail.
