Juneau, AK asked in Child Custody and Family Law for Alaska

Q: If I file a motion for my son to return home and it's denied then my lawyer says hearsay can be used. I'm in Alaska

She also says in alaska motion to dismiss doesn't exist? She says hearsay can't be used right now, but if I file a motion for my son to return home and we loose then hearsay can be used?? I'm in Alaska

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA

A: It's important to understand the specific rules and procedures governing legal proceedings in Alaska, especially regarding motions and evidentiary rules. Your lawyer is likely referring to the rules of evidence and procedure that apply in Alaska courts. While hearsay evidence generally may not be admissible in court, there are exceptions to this rule, and your lawyer may be explaining how hearsay could become admissible under certain circumstances, such as if your motion for your son to return home is denied.

Regarding the motion to dismiss, your lawyer's statement that it doesn't exist in Alaska may be a clarification about the terminology used in the state's legal system. Instead of a formal "motion to dismiss," there may be other procedures or motions that serve a similar purpose under Alaska law. Your lawyer can provide specific guidance on the appropriate legal mechanisms available to you in your situation and how to proceed effectively within the Alaska legal framework.

To navigate your case effectively, it's essential to maintain open communication with your lawyer and seek clarification on any legal concepts or procedures that may be unclear to you. Your lawyer is there to advocate for your interests and ensure that you understand the legal process and your rights. By working closely with your lawyer and following their guidance, you can pursue the best possible outcome for your case within the parameters of Alaska law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.