EVANS v. McTAGGART

No. S-10554.

88 P.3d 1078 (2004)

Lisa Marie EVANS, Appellant, v. Nathan McTAGGART, Appellee, Arthur and Rebecca McTaggart, Intervenors/Appellees.

Supreme Court of Alaska.

April 9, 2004.


Attorney(s) appearing for the Case

Craig B. Partyka, Cook Schuhmann & Groseclose, Inc., Fairbanks, for Appellant.

Marlin D. Smith, Law Office of Marlin D. Smith, Fairbanks, for Intervenors/Appellees Arthur and Rebecca McTaggart.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.


OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The main questions presented relate to parental rights in cases where third parties make child custody and visitation claims. As to custody what must be proved is clear— parental unfitness or that the welfare of the child requires third-party custody—but is the preponderance of the evidence standard or a higher standard required? As to visitation, a statute requires proof that the...

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