ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
The roles and rights of mothers in our society is changing with the times. In the past, a rule called the "tender years doctrine" provided that there was a presumption used by the courts that young children should remain in the custody of their mothers. Today, the tender years doctrine has been abolished in Alaska. A statute provides that "neither parent, regardless of the question of a child's legitimacy, is entitled to preference in the awarding of custody."
Despite this shift in approach, mothers in Alaska do have many rights. Once a child is born, the duty of a father to support his child begins. This is a duty that parents can not usually relinquish on their own. Fathers who owe child support can not normally relieve themselves of the obligation by filing bankruptcy. Courts generally do not allow parents to agree together that a father does not have to support his child. The rationale behind this view is that a child's need for support is more important that a mother's desire not to require support from a father. Mothers can ask an attorney to file a lawsuit for custody of a child and child support from a father. If a man denies that he is the father of a child or if it is unclear to the mother who the father is, a court can require that a paternity test be taken in order to establish the identity of a father. The Child Support Enforcement Division (CSED) can assist a mother in collecting support and establishing paternity.
In some cases, mothers have the right to ask the court to terminate the rights of fathers who are not involved in the lives of their children. A mother can choose another man to take over the rights and responsibilities of fatherhood. If a court finds that a father has not provided support for a child or has not meaningfully communicated with a child for a period of over one year, or that a father has abandoned a child for over six months, the court may determine that it is in the best interests of the child for another man to adopt a child without the agreement or consent of the biological father.
Mothers who suspect that a father has abused or committed an act of domestic violence against a child can file a Petition with the court requesting that a father be forced to stay away from a child or be required to have only supervised visitation for a period of up to 135 days. A Domestic Violence injunction may be issued if the court determines that a child has been subject to domestic violence.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including adoption, divorce, custody, and child support. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).