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As this century ends and a new one begins, it is time to reflect on some of the many changes which have affected families and the direction in which family law is headed in the future. As the family structure changes, parents and the laws which affect them must continually adapt so that our children can grow in a safe and supportive environment. Perhaps the most wide sweeping shift in the family structure concerns the high divorce rate, which hovers around 50%, and the ease in which families are created and torn apart. The "no fault" divorce concept has swept the nation, and a judge in Alaska will allow a divorce to occur simply on the basis that one spouse says that the couple is "incompatible." As a result, some states are adopting laws which make it more difficult to obtain a divorce, and legislation has been introduced in Alaska which would allow a couple to enter into a "charter marriage" which is more difficult to break apart than other marriages. The high divorce rate has created a large number of fragmented families and new roles have been developed for others who have taken part in the parental responsibilities. Step-parents now are prominent members of the family structure. The rights of step-parents normally flow from those of the natural parent. A biological parent can delegate visitation or custody rights to others. A step-parent, acting with consent of a biological parent, can normally step into the shoes of the biological parent and perform acts consistent with those of the parent. But step-parents often make the mistake of quickly attempting act in the role of a full parent, causing tension in the family structure. A court can limit a step-parent's role in a child's life if it determines that the step-parent has not acted in the best interests of a child. Grandparents have also taken a more active role in parenting their grandchildren. A recent Alaska law allows a grandparent to petition the court directly for an order establishing reasonable rights of visitation between the grandparent and grandchild. Another shift in the family structure is the rise in the number of two income earning spouses. This leaves less time for parental involvement in the children's lives. Children have more time to be exposed to the influences of peers as well as the internet, which can lead a child to anywhere and anything without leaving the home. Laws are being considered which limit access of children to certain information on the internet. Teenagers especially are affected by the lack of parental supervision and the increasing availability of information. The laws have adapted to the fact that some children are growing up faster than their counterparts of the past. For example, some Alaskan teenagers who commit more serious crimes are being tried as adults. As a result, these children lose the protection of secrecy which normally surrounds children's criminal matters, and those who are convicted receive criminal records and may have to serve extensive jail time. This represents a shift in our thinking that society should normally rehabilitate young offenders and punish adults. As our society changes, the courts must decide whether the laws must also change to reflect these new developments. The job of the courts in the next century will be to address these issues, which continue to arise at an ever increasing pace.

Steven Pradell's book, The Alaska Family Law Handbook, is available at the office or in local bookstores for $9.95

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©1999 By Pradell and Associates. 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).