Platz v. Aramburo

17 P.3d 65, 2001 Alas. LEXIS 10, 2001 WL 137702
CourtAlaska Supreme Court
DecidedFebruary 16, 2001
DocketS-9492
StatusPublished
Cited by13 cases

This text of 17 P.3d 65 (Platz v. Aramburo) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Platz v. Aramburo, 17 P.3d 65, 2001 Alas. LEXIS 10, 2001 WL 137702 (Ala. 2001).

Opinion

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Lisa Platz appealed the trial court's entry of default judgment against her and its decision to award full custody of her daughter to the child's father, José Aramburo. She argues that the trial court lacked jurisdiction, violated her right to due process, and failed to consider the statutory factors required in custody determinations. Following oral argument on September 22, 2000, we issued an order remanding this case to the trial court, and advised that an opinion would follow. Because the trial court failed to consider the factors required by AS 25.24.150(c) in making child custody decisions, we vacated the order granting custody to José Aramburo and remanded the case to the superior court for an evidentiary hearing on the best interests of the child.

II. FACTS AND PROCEEDINGS

Lisa Platz and José Aramburo had a daughter, Rebbeca Nicole Platz-Aramburo, in 1992, in Bellingham, Washington. Aram-buro acknowledged paternity and is listed on Rebbeca's birth certificate as her father. Platz and Aramburo separated soon after Rebbeca's birth. Aramburo visited Rebbeca while Platz and Rebbeca lived in Washington. An administrative child support order was entered against Aramburo while Platz was in Washington.

In February 1994 Platz and Rebbeca moved to Fairbanks. While in Fairbanks, Platz married Robert Platz, who filed for a step-parent adoption of Rebbeca. The adoption was dismissed in late 1997, and Platz subsequently divorced Robert Platz. Around April of 1998 Platz and Rebbeca left Fairbanks.

According to Aramburo, onee Platz moved to Fairbanks, she did not allow him to have any contact with Rebbeca, and he was not certain where Platz and Rebbeca lived. Ar-amburo claims that Platz told him that he would never see Rebbeca again and that she did not want Rebbeca to learn that he was her father.

Aramburo filed a Verified Petition for Determination of Custody on July 31, 1998, in Fairbanks. The petition alleged that Platz had interfered with Aramburo's relationship with Rebbeca and requested that Aramburo be given regular contact, including periods of actual custody or visitation. Aramburo requested that the court make a custody determination based on the child's best interests, allow for interim visitation, grant a restraining order preventing Platz from taking Reb-beca across state lines or interfering with his visitation, and enter a child support order.

*67 Aramburo located Platz, and served her on April 8, 1999, in Avon, Ohio. On May 10, 1999, Platz, appearing pro se, requested and received a twenty-eight-day extension of time to file an answer. Platz did not file an answer.

On June 15, 1999, Aramburo filed a Motion to Establish Visitation, which was served on Platz by mail on that date. Aramburo requested that the court create a plan for him and Rebbeca to re-establish their relationship and have contact and visitation. Platz did not respond to the motion, and the court entered a temporary visitation order on July 19, 1999. The court ordered Platz to contact a mental health clinician or counselor and schedule an appointment to help Rebbeca through the initial contacts between her and Aramburo. The court ordered phased-in telephonic visitation and, ultimately, in-person visitation. This order was distributed by the clerk on July 23, 1999.

On July 27, 1999, Aramburo applied for entry of default. On August 4, 1999, the clerk entered default against Plats for failure, to file an answer. The application for entry of default and the entry of default were served on Platz. -

The court scheduled a default hearing, and Platz was served with notice of the hearing. The notice indicated that Aramburo would "request a default judgment be entered in this action in which legal and physical custody of the minor child ... is awarded to him." The hearing was conducted on September 8, ©1999, by Judge Mary E. Greene. Arambu-ro's attorney appeared in person; Aramburo and Platz appeared telephonically.

At the hearing, Aramburo testified that Platz had not contacted him, helped him visit Rebbeca, or worked with a counselor. Ar-amburo told the court that he wanted custody of Rebbeca and would be willing to allow Platz to have visitation with their daughter. Aramburo testified that Platz had returned several child support checks and not cashed the others.

Platz «contested the court's jurisdiction. Platz also informed the judge that she had received the temporary orders only a week previously and had not had time to hire an attorney. The judge explained to Platz that she needed to move to have the default set aside. Platz testified that she had taken Rebbeca across state lines and failed to inform Aramburo of her whereabouts, explaining that she had not read the temporary order. When asked whether she would follow a court order to allow Aramburo to visit with Rebbeca, Platz responded "I would love to say, yes, if I believed that it would not damage her. But I don't know that. I cannot predict the future and I do not know how the child will react."

At the conclusion of the hearing, the judge read the temporary order to Platz and gave her two weeks to comply. The judge concluded the hearing by noting that she wanted Platz to file a document in court that set forth her compliance with the order. The judge warned that if Platz did not file such a document by September 28, the judge would "grant Mr. Aramburo custody to carry out the Temporary Order's provisions."

The court entered written findings of fact and an order on September 80 reflecting the court's oral order entered at the end of the September 8 hearing. Specifically, the court found that it had jurisdiction to hear the case, that Platz had not complied with the Temporary Visitation Order, that Platz had denied Aramburo contact with Rebbeca, and that it was in Rebbeca's best interests to have a relationship with her father. The court ordered Platz to comply with the Temporary Visitation Order.

On October 19, 1999, Aramburo filed a motion requesting that the court grant him physical custody of Rebbeca because of Platz's failure to comply with the court's orders. The court agreed to give the motion expedited consideration and ordered Platz to respond by October 28. On October 25, Platz filed a motion to dismiss because the court lacked jurisdiction. Aramburo opposed the motion as untimely and noted that the court had already ruled on the matter of jurisdiction. The court denied Platz's motion to dismiss, concluding that it had properly asserted jurisdiction.

On October 29 the court entered an order on Aramburo's motion. The court found that Platz had failed to comply with its previous *68 orders. The court then awarded physical custody of Rebbeca to Aramburo, with visitation for Platz, transportation costs to be paid by Aramburo.

Platz filed a motion in Ohio state court on November 5, 1999, arguing that Alaska was an inconvenient forum and that the Ohio court should take exclusive jurisdiction of the case. She requested that the Ohio court stay enforcement of the Alaska court order. The Ohio court spoke with Judge Greene and concluded that the Alaska court had jurisdiction. The Ohio court dismissed the case for lack of jurisdiction.

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Cite This Page — Counsel Stack

Bluebook (online)
17 P.3d 65, 2001 Alas. LEXIS 10, 2001 WL 137702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/platz-v-aramburo-alaska-2001.