Legal Question in Family Law in Alaska
I recently had a hearing for a custody/visitation modification as well as to try to move out of state. The other party is military and is set to be relocated in November of this year. the ruling came down yesterday, and based on the information in the ruling it would appear that the judge ruled in favor or the other party based on hear say and false pretense. In April of 2012 i was convicted for a first offence DUI, the kids were NOT in the car with me nor were they in my care. I completed all of my requirements from the state. In this new ruling it states "Mr. Simmons asserts that Ms. Griffin-Monfreda drinks too much around the children and she has admitted driving while under the influence. She admitted that she was convicted of that offence in April of 2012. Driving while under the influence while children and in ones care is likely to detrimentally affect those children." During the hearing the ONLY time that this was brought up was when the other parties lawyer asked myself if I had gotten a DUI. I answered yes, and that was then end of it. There was no further evidence presented to prove that I drink around the children at all. It was hear say. Based on the other information in the ruling it would appear that the judge did not review ALL of the information and evidence that I presented in this case. I am married and I have a step child. if in fact this judge (who has only been a judge for 11 months and has no experience with child custody)ruled unfairly and under false pretense, what might my options be?
1 Answer from Attorneys
I do not see anything in the portion of the ruling quoted by you which suggests a finding that the children were with you at the time you were driving under the influence. The judge said "Mr. Simmons asserts that Ms. Griffin-Monfreda drinks too much around the children and she has admitted driving while under the influence. ..." That is what your chidrens' father said, and the judge is not suggesting that he or she believes that statement.
The quote from the court continues by saying that you "... admitted that [you were] convicted of [driving while under the influence] in April of 2012. ...". Although you didn't admit the date, from what you are telling me, you did admit that you were convicted. I can go to Courtview and verify the date of the conviction. The judge could have checked the record as well. The date doesn't really matter, and the judge is probably entitled to take "judicial notice" of it anyway.
The third quote from the judge, that "Driving while under the influence while children and in ones care is likely to detrimentally affect those children.", is certainly true as well.
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