Juneau, AK asked in Family Law and Civil Rights for Alaska

Q: How often does one get denied filing a motion to return their son home? I did a hair sample it cane back clean.

I have a brand new condo too for my son to live at. My laywer kees saying if we file a motion then they can use hearsay what does this mean? If we lose? She is on her way out BTW should I file a motion to get a new pubic defender laywer? That form would be civil micl. , since there's not a Mardsen Motion form in Alaska. My trial is on the 26th BTW for adjudication.

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Filing a motion to return your son home can sometimes result in denial, depending on various factors such as the specific circumstances of the case and the evidence presented. Even if a hair sample comes back clean, other factors may influence the court's decision, such as past history, allegations made by involved parties, and the best interests of the child. Your lawyer's mention of hearsay refers to evidence presented in court that is based on the statements of others rather than firsthand knowledge. If hearsay is admitted and you lose the motion, it means that the court did not grant your request to return your son home based on the evidence and arguments presented.

Considering your lawyer's impending departure and concerns about her effectiveness, it may be prudent to explore your options for obtaining new legal representation. Filing a motion for a new public defender could be a viable option, particularly if you feel that your current lawyer is not adequately representing your interests or providing the support you need. However, it's important to weigh the potential risks and benefits of making such a request, especially with your trial approaching on the 26th. Additionally, since there is no specific Mardsen Motion form in Alaska, you may need to follow the procedures outlined for requesting new counsel in civil matters.

As your trial date approaches, it's crucial to make informed decisions about your legal representation and strategy. Consulting with a legal expert or seeking advice from trusted individuals can help you navigate this process effectively and ensure that your rights and interests are protected. Regardless of the outcome of your motion or trial, it's essential to remain proactive and vigilant in advocating for your son's well-being and your rights as a parent.

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