Grandparent Visitation Petition - Alaska

Before filing: Alaska Court System guidance distinguishes a new case from an existing parent custody case. In an existing case, ask to join the case and use the appropriate visitation motion. For a new case, confirm with the court and an Alaska attorney whether a complaint, petition, or other initiating paper is required. This form is for preparation of a new standalone filing only.

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 jurisdiction. The basis for Alaska's jurisdiction under Alaska Stat. § 25.30.300 is (check and explain the applicable ground):

☐ 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, the child is now absent from Alaska, and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. The proposed court location is [JUDICIAL DISTRICT / LOCATION]. The basis for filing there is [____________].

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 Statutory requirements — § 25.20.065(a). Petitioner alleges both of the following (Sections IV and 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:

[____________________________________________________________]

4.3 Harm to the child from the limitation. Limiting Petitioner's contact harms the child as follows; identify specific facts and evidence:

[____________________________________________________________]

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 Child-specific facts. Describe the child's needs, the relationship with Petitioner, the stability of the child's current arrangements, and any safety concerns. Alaska Stat. § 25.24.150(c) lists factors for custody determinations between parents; do not recast its references to each parent as findings about a grandparent.

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 satisfies Alaska Stat. § 25.20.065(a) and, where applicable, § 25.20.065(b);

B. Find by clear and convincing evidence that Petitioner has established or attempted ongoing personal contact with the child, that visitation is in the child's best interest, and that limiting visitation is harmful to the child;

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. Respond as directed by the summons and applicable court rules. 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 any attachments was served upon each Respondent by ☐ authorized process server ☐ other method authorized by court rule or order [____________], 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 (sworn information in the first pleading or an attached affidavit).
• Alaska Court System — Grandparent Custody and Visitation — existing-case motions and proof requirements.

This Petition must be adapted to the correct court procedure. The court's current guidance calls for clear and convincing evidence of ongoing or attempted contact, the child's best interest, and harm from limiting visitation. Consult a licensed Alaska family law attorney before filing.