ATTORNEYS AT LAW



1009 W 7TH AVENUE



ANCHORAGE, ALASKA 99501



TELEPHONE: (907) 279-4529



FAX: (907) 279-9223

With the coming of the new year, many people take a moment to reflect on the past year and plan long term goals and projects to steer their lives forward. Often we focus on the things in front of us and neglect the important but non urgent tasks which are meaningful. This may be a good time to look at some of the following legal steps you can take to keep your life plans on track:

*Preparing a Will, if you never have created a will or you need to revise an existing will because circumstances have changed

*Setting up a Living Will, Living Trust, or Power of Attorney to assist you in planning for the future.

*Consulting with an attorney before the statute of limitations runs if you have been personally injured, so that you are aware of your rights and take appropriate action in the proper time period

*Insure that all probation conditions, community work service, fines, etc. are taken care of to finalize criminal matters

Family dynamics have changed dramatically in the past two decades. With approximately half of all marriages ending in divorce, many families are breaking apart and forming new bonds with step families. The rights of stepparents normally flow from those of the natural parent. A biological parent can delegate visitation or custody rights to others. A stepparent, 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. For example, a child may not want to be disciplined in the same manner by a stepparent, and a biological parent may become concerned when children report that a stepparent has upset or physically harmed a child at the other parent's home. A court can limit a stepparent role in a child's life if it determines that the stepparent has not acted in the best interests of a child. On the other hand, a stepparent who assumes the role of an absent parent can petition a court to adopt a child. A stepparent who adopts a step child assumes both the rights and responsibilities of parenthood, including the duty to pay child support. Normally, the consent of the biological parents is required prior to an adoption. However, in Alaska, consent to adoption is not required if a court finds that a parent has abandoned a child for a period of at least six months. Abandonment may occur if the parent-child relationship has been destroyed due to a parent's conscious disregard of obligations owed to a child. Consent of a biological parent to a stepparent adoption may not be required if a court determines that a parent who does not have custody of a child has failed significantly, without a justifiable excuse, for at least one year, to meaningfully communicate with the child, or to provide for the care and support of the child. In 1995 the Alaska legislature passed an act regarding child visitation rights of grandparents and other persons who are not parents. The law states that a court shall provide for visitation by a grandparent or other person if that is in the best interests of the child. A former stepparent who has a strong bond with a child could ask the court to consider the best interests of the child and make an order which addresses this relationship.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including divorce, custody, domestic violence, adoption, 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).