ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
The area of children and the law can be the most challenging and troubling. We see this most recently in Alaska by watching the saga unfold of children harmed in the wake of incomplete protection by the Division of Family and Youth Services, which resulted in the recent requirements in this state for the licensing of social workers. And we learn about the shakeup at Child Support Enforcement Division, who, using tactics similar to those criticized at the IRS, can at times treat all fathers as "dead beat dads" without first looking carefully at each case and allowing fathers to be fairly treated. Problems arise in family law sometimes because so many interests are at stake in figuring out what is best for children. Superior court judges ultimately have the power to make many decisions concerning Alaska's children. They face a difficult task due to the competing interests of those who control the next generation.
Parents have an interest in raising Alaska's youth. In fact, normally parents have an interest that is greater than others. A court may give preference to parents before awarding custody to others. And when parents split up, a court is not to give preference to either parent when awarding custody, but to find out what is best for the child and make a decision accordingly. But parents are not the only folks who can assert their rights. Grandparent rights have been recognized and, in fact, other individuals can petition for visitation if they can show that it would be best for the child for the court to allow it. In the area of adoption, a native tribe may have an interest which the court must consider when a native child is being adopted by non-natives.
The state also has an interest in making sure that children are properly cared for. If a child is in need of aid, the state can step in, investigate through the Division of Family and Youth Services and other agencies, and ask a court to take custody away from parents or other legal guardians and place them in more suitable environments so that safety and basic needs can be met. Sometimes children are returned to one parent or to both after a period of time while parents are in treatment for their own problems. Again, parents have a preference here and the court will often try to reunite families if possible so that the children can continue to keep their primary bonds.
The state also has an interest in children who are in legal trouble. The primary purpose of the children's criminal system is to rehabilitate offenders at an early age so that when they become adults they will not commit offenses. Most children's matters are done in secret so that a child may be protected from the sting of having a criminal record and the trauma caused by public exposure of their problems. A recent shift to treat childhood offenders of more serious crimes as adults and punish, rather than rehabilitate them in a public setting, has generated much debate.
Children who have been victimized by adults put the court in a difficult situation. To prosecute an offender, the victim may be required to testify in order to obtain a conviction. The Constitution allows all who are accused the right to confront their accusers. Placing a child in court to testify against an adult family member can be extremely traumatic. The court balances these issues by creating rules which attempt to balance these competing interests.
If you have concerns about the rights of a child, it may be wise to consult with a lawyer. Many attorneys will consult with potential clients for a nominal fee to answer questions and define the services they offer. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding these matters.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including child custody, divorce, child support and adoption. Articles on legal topics of interest to Alaskans can be accessed on the internet at Http://www.alaska.net/~pradell © 1998 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.