Justia Family Law Opinion Summaries

In 2007, after receiving 39 protective services reports involving allegations of abuse and neglect over the course of fifteen years, the Office of Children's Services (OCS) removed five children from parents "Ralph" and "Nell" based on evidence of physical abuse, mental inure, and chronic neglect. OCS put the children in foster care and provided the parents with case plans. Ralph and Nell had a sixth child. The superior court terminated parental rights to the newborn's older brother, but a separate trial was held with respect to her. Based on evidence of the parents' unremedied conduct and conditions that made the newborn a "child in need of aid," the superior court concluded that it was in the newborn's best interest to terminate Ralph and Nell's parental rights to her. Ralph appealed the termination order and the denial of his motion for continued visitation. Upon review, the Supreme Court found that the superior court did not clearly err in finding Ralph had not timely remedied the conduct and conditions that placed the newborn at substantial risk of harm. The Court concluded that the superior court properly concluded that Ralph failed to show that ordering continued visitation after termination of parental rights was in the child's best interests. Therefore, the Court affirmed the superior court's order.

Christina J. appealed the termination of her parental rights to her son Gideon. She developed substance abuse problems as a young teenager and because involved in an abusive relationship with Gideon's father shortly after leaving custody of the Office of Children's Services (OCS). Gideon was born when Christina was 19 and removed from her custody when he was four months old after OCS received reports of violence, substance abuse and neglect from both parents. Christina participated in substance abuse, domestic violence and mental health assessments, but nine months after OCS took custody of Gideon, it petitioned to terminate her parental rights. Upon review, the Supreme Court found that Christina failed to remedy the conduct that placed Gideon at a substantial risk of harm. Accordingly, the Court held that the lower court did not err by finding termination of Christina's parental rights was in Gideon's best interest. The Court affirmed the lower court's decision.

Appellant Phyllis Williams appealed an order of the superior court that denied four motions to reconsider child support, visitation arrangements, the appointment of a court custody investigator, and a share of her ex-husband Appellee DeJeaux Williams' military retirement pay. Both parties appeared pro se. Upon careful consideration of all of Ms. Williams' arguments, the Supreme Court found that Ms. Williams' motions were either untimely or otherwise lacked merit. The Court dismissed Ms. Williams' appeal and affirmed the lower court's orders on all matters raised on appeal.

Bryan and Leota Bagby divorced in 2008. Mr. Bagby was awarded custody of the coupleâs only child during the school year. Mrs. Bagby was awarded visitation in the summer months and on alternate holidays. Mr. Bagby moved to Arizona after the custody trial. Mrs. Bagby filed a motion to modify the custody order, but the court denied the motion without holding a hearing. The court reasoned that Mr. Bagbyâs move was not a substantial change in circumstances since the original order contemplated long-distance travel for visitation when both parents lived in different cities in Alaska. Mrs. Bagby appealed. The Supreme Court had consistently held that an out-of-state move is a substantial change in circumstances. In this case, the Court reversed the lower courtâs order and remanded the case for a hearing on Mrs. Bagbyâs motion to modify custody.