Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

(Alaska — Alaska Stat. § 25.20.065)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under Alaska Stat. § 25.20.065, which authorizes a child's grandparent to petition the superior court for an order establishing reasonable rights of visitation between the grandparent and the child.

2.2 UCCJEA home state. Alaska is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, Alaska Stat. §§ 25.30.300 et seq., because:

☐ The child has lived in Alaska with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Alaska was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper at [JUDICIAL DISTRICT / LOCATION] because the minor child resides or is present in this judicial district.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are/were other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — § 25.20.065(a) AND POST-DECREE LIMITATION (b)

3.1 Threshold standing — § 25.20.065(a). Petitioner has standing because both of the following are true (Section IV and Section VI develop the supporting facts):

☐ (a)(1) Petitioner has established or attempted to establish ongoing personal contact with the child; and

☐ (a)(2) Visitation by Petitioner is in the child's best interest.

3.2 Post-decree limitation — § 25.20.065(b). Check the box that applies:

☐ No prior custody decree or adoption order under Alaska Stat. § 25.20.060, § 25.24.150, or § 25.23 has been entered concerning this child.

☐ A prior decree or final order has been entered, and Petitioner may petition under § 25.20.065(b) because (b)(1) Petitioner did not request visitation rights during the pendency of the prior proceeding; OR

☐ A prior decree or final order has been entered, and Petitioner may petition under § 25.20.065(b) because (b)(2) there has been a change in circumstances relating to the custodial parent or the minor child that justifies reconsideration of the grandparent's visitation rights: [____________]

IV. FACTUAL ALLEGATIONS — ESTABLISHED OR ATTEMPTED CONTACT

4.1 Ongoing personal contact — § 25.20.065(a)(1). Petitioner has established, or has attempted to establish, ongoing personal contact with the child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL STANDARD AND BURDEN OF PROOF

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Clear and convincing evidence (Evans v. McTaggart). Petitioner acknowledges that, under Evans v. McTaggart, 88 P.3d 1078 (Alaska 2004), the dispositive findings supporting third-party visitation over a parent's objection must be proved by clear and convincing evidence to protect parental rights, even though Alaska Stat. § 25.20.065(a)(2) is framed as a best-interest inquiry. Petitioner is prepared to meet that standard.

5.3 Abuse / domestic violence consideration — § 25.20.065(c). In determining whether to grant visitation and in setting its terms and conditions, the Court shall consider whether there is a history of child abuse or domestic violence attributable to Petitioner's son or daughter who is a parent of the grandchild.

☐ Petitioner is aware of no such history.

☐ Petitioner discloses the following: [____________]

VI. BEST INTEREST OF THE CHILD

6.1 Visitation with Petitioner is in the best interest of the minor child because (check all that apply):

☐ There is a strong, established bond between Petitioner and the child.

☐ The child benefits emotionally and developmentally from maintaining the relationship.

☐ Petitioner provides love, affection, guidance, and family continuity.

☐ Loss of the relationship would be detrimental to the child.

☐ Other: [____________]

6.2 Best-interest factors (Alaska Stat. § 25.24.150(c), as guidance). The Court may consider the factors enumerated in § 25.24.150(c), including the child's needs; the capability and desire of each party to meet those needs; the love and affection between the child and Petitioner; the length and stability of the child's relationships; any evidence of domestic violence, child abuse, or substance abuse; and the child's preference if of sufficient age and capacity.

6.3 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

6.4 Supporting facts:

[____________________________________________________________]

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under Alaska Stat. § 25.20.065(a) and, where applicable, satisfies § 25.20.065(b);

B. Find that Petitioner has established or attempted ongoing personal contact with the child and that visitation is in the child's best interest, proved by clear and convincing evidence as required by Evans v. McTaggart;

C. Enter an order establishing reasonable rights of grandparent visitation pursuant to the schedule in Section VII, or as the Court deems just;

D. Award costs of this action; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Alaska that I have read the foregoing Petition, that I am the Petitioner, and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____], at [CITY], Alaska.

_________________________________
[PETITIONER NAME], Petitioner

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Alaska Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed. You must respond in writing within twenty (20) days after the date you are served (or such other time set by the Alaska Rules of Civil Procedure and the summons) and serve a copy on Petitioner or Petitioner's attorney. If you do not respond, the Court may enter an order granting the relief requested. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Alaska Stat. § 25.20.065 — Visitation rights of grandparent: standing (a)(1)–(2); post-decree limitation (b)(1)–(2); abuse/domestic-violence consideration (c).
• Alaska Stat. § 25.20.060 — Custody; § 25.24.150 — Judgment for custody and best-interest factors (subsection (c)).
• Evans v. McTaggart, 88 P.3d 1078 (Alaska 2004) — clear-and-convincing standard required to protect parental rights in third-party custody/visitation cases.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.
• Alaska Stat. §§ 25.30.300 et seq. — UCCJEA; § 25.30.380 (affidavit).

This Petition is a preparation aid only. Although Alaska Stat. § 25.20.065 uses a best-interest test, the Alaska Supreme Court (Evans v. McTaggart) requires clear and convincing evidence to overcome a fit parent's decision. Consult a licensed Alaska family law attorney before filing.