INSTRUCTIONS FOR RESPONDING TO A MOTION TO CHANGE CUSTODY, SUPPORT OR VISITATION NOTE: These forms and instructions are for parties who are not represented by attorneys. You have been served with a motion asking the court to change an order concerning child support, custody or visitation. If you want to oppose the motion, you must deliver a response to the court within 13 days after the motion was mailed or hand delivered to you. Step 1. Fill out the following forms (copies attached): a. Response To Motion (DR-725). b. Information Sheet (DR-314) c. Child Custody Jurisdiction Affidavit (DR-150). You must list every child covered by your most recent court order. d. Child Support Guidelines Affidavit (DR-305). Fill in the column for your income and deductions. You do NOT need to fill in the column for the other parent. You must attach a copy of your most recent federal tax return and most recent pay stubs to verify income and deductions. e. Shared Custody Child Support Calculation (DR-306) (required only if shared custody has been ordered or is being requested). If “divided’ or “ hybrid” custody (as defined in Civil Rule 90.3(f)) has been ordered or is being requested, you must instead attach form DR-307 (for divided custody) or DR-308 (for hybrid custody). These forms are available at the court or on the court system’s website. NOTE: For more information about how to complete the child support calculation forms (DR-305, DR-306, DR-307 & DR-308), you can get a copy of the following free booklet at the court or on the court system’s website: How To Calculate Child Support (DR-310). This booklet also contains a copy of the guidelines courts must follow to set child support, Civil Rule 90.3. You must sign your response and the two affidavits in front of a notary public. A court clerk can provide this notary service for you (at no charge) when you bring the documents to court. You must bring a photo ID with you for the notarization. Step 2 Mail the following documents by first class mail (or hand deliver them) to the person who signed the motion: a. A copy of each of the documents listed in Step 1. b. A copy of all attachments to those documents. Page 1 of 4 DR-721 (4/05)(cs) INSTRUCTIONS FOR RESPONSE American LegalNet, Inc. www.USCourtForms.com Step 3. If the child support order is being enforced by the Child Support Services Division (CSSD), also send a copy of each of the documents listed in Step 1 and all attachments to: Attorney General’s Office Collections and Support Section 1031 West Fourth Avenue, Suite 200 Anchorage, AK 99501 Step 4. Keep a copy of all documents and attachments for yourself. Step 5. Mail or hand deliver the originals of all the documents to the court where the motion was filed. See page 4 for a list of court addresses. REPLY. After the other parent receives your response, he or she has eight days to deliver to the court his or her reply to your response. The other parent must send you a copy of any reply sent to the court. HEARING. The judge may order a hearing if one is needed to decide any disputes about the evidence in your case. You will be notified if a hearing is scheduled. If it will be difficult for you to attend the hearing in person, contact the court to ask if you can participate by telephone. Page 2 of 4 DR-721 (4/05)(cs) INSTRUCTIONS FOR RESPONSE American LegalNet, Inc. www.USCourtForms.com Additional Information If you want to read about the laws that govern these cases, the following are some Alaska Statutes and Alaska Rules of Court to look at. Also read the “Annotations” that follow these statutes and rules. (Annotations are brief paragraphs describing the Alaska Supreme Court decisions interpreting the rules and statutes.) Child Support Civil Rule 90.3 and the “Commentary” that explains this rule. Alaska Statutes 25.24.160(a)(1), 25.24.170, 25.24.240, 25.24.910, and 25.27.060 to .070 How to Calculate Child Support Under Civil Rule 90.3 (DR-310) This free booklet is available at the court. Forms and instructions for requesting that child support continue while a child is 18 (DR-320 to DR-323), available at the court. Child Custody and Visitation Alaska Statutes 25.20.060 to 25.20.140, 25.24.150, 25.24.170, 25.24.240, and 25.30.300 Custody Decisions: "Best Interests of the Child" The court will not grant a change in custody unless there has been a substantial change in circumstances since the last order was entered. Also, the requested change must be in the best interests of the children. Alaska Statute 25.24.150 (c) lists the things the court must consider in order to decide what the children's best interests are. It states: In determining the best interests of the child the court shall consider (1) the physical, emotional, mental, religious, and social needs of the child; (2) the capability and desire of each parent to meet these needs: (3) the child's preference if the child is of sufficient age and capacity to form a preference; (4) the love and affection existing between the child and each parent; (5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (6) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child; (7) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents; (8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child; (9) other factors that the court considers pertinent. This statute also provides that, in awarding custody, "the court may consider only those facts that directly affect the well-being of the child" and that the court must comply with the provisions of the Indian Child Welfare Act. In 2004, the legislature added new sections (g) through (k) to AS 25.24.150. These sections limit the court’s ability to award custody if either parent “has a history of perpetrating domestic violence against the other parent, a child, or a domestic living partner.” Page 3 of 4 DR-721 (4/05)(cs) INSTRUCTIONS FOR RESPONSE American LegalNet, Inc. www.USCourtForms.com ALASKA COURT SYSTEM MAILING ADDRESSES 825 WEST 4TH AVENUE ANCHORAGE AK 99501 P.O. BOX 86 GLENNALLEN AK 99588 435 S. DENALI PALMER AK 99645 P.O. BOX 250 ANGOON AK 99820 P.O. BOX 169 HAINES AK 99827 P.O. BOX 1009 PETERSBURG AK 99833 P.O. BOX 147 ANIAK AK 99557 BOX 298 HEALY AK 99743 P.O. BOX 1929 SEWARD AK 99664 P.O. BOX 270 BARROW AK 99723 3670 LAKE ST, STE. 400 HOMER AK 99603 304 LAKE STREET, RM 203 SITKA AK 99835 P.O. BOX 130 BETHEL AK 99559 P.O. BOX 430 HOONAH AK 99829 P.O. BOX 495 SKAGWAY AK 99840 P.O. BOX 238 CHEVAK AK 99563 P.O. BOX 114100 JUNEAU AK 99811 P.O. BOX 269 ST. MARY'S AK 99658 P.O. BOX 898 CORDOVA AK 99574 P.O. BOX 100 KAKE AK 99830 P.O. BOX 187 TOK AK 99780 P.O. BOX 646 CRAIG AK 99921 125 TRADING BAY DR STE 100 P.O. BOX 250 KENAI AK 99611 UNALAKLEET AK 99684 P.O. BOX 401 DELTA JCT AK 99737 415 MAIN STREET, RM 400 KETCHIKAN AK 99901 P.O. BOX 245 UNALASKA AK 99685 P.O. BOX 909 DILLINGHAM AK 99576 204 MISSION ROAD, RM 124 KODIAK AK 99615 P.O. BOX 127 VALDEZ AK 99686 P.O. BOX 176 EMMONAK AK 99581 P.O. BOX 317 KOTZEBUE AK 99752 P.O. BOX 869 WRANGELL AK 99929 101 LACEY STREET FAIRBANKS AK 99701 P.O. BOX 229 NAKNEK AK 99633 P.O. BOX 426 YAKUTAT AK 99689 P.O. BOX 211 FORT YUKON AK 99740 P.O. BOX 449 NENANA AK 99760 P.O. BOX 167 GALENA AK 99741 P.O. BOX 1110 NOME AK 99762 Page 4 of 4 DR-721 (4/05)(cs) INSTRUCTIONS FOR RESPONSE American LegalNet, Inc. www.USCourtForms.com