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

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1 Lawyer Answer
James L. Arrasmith
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  • 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.

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