Debra P. v. Laurence S.

Summary

The Alaska Supreme Court held that the superior court violated Debra P.'s due process rights by entering a final child custody and visitation order at a hearing she reasonably believed would address only interim custody issues. The court reversed the judgment and remanded for a new custody trial.

Holdings

1. The superior court violated Debra's right to due process by entering a final custody and visitation order after a hearing that she reasonably believed would resolve only interim custody and visitation issues.
2. The court declined to find an abuse of discretion on these issues based on the limited briefing and record, but did not need to resolve them because the case was being remanded for a new custody trial.

Questions Presented

1. Whether entering a final custody and visitation order at a hearing that the mother reasonably believed would address only interim custody and visitation violated her right to procedural due process.
2. Whether the superior court abused its discretion by denying or not granting the requested appointment of a custody investigator or guardian ad litem and by discontinuing a pretrial requirement for random urinalysis testing.

Disposition

reversed_and_remanded