A t t o r n e y s A t L a w
726 M Street•Anchorage, AK 99501
Phone: (907) 279-4529
Fax: (907) 279-9223
Email: alaskanlawyers@gmail.com
Father’s Rights
By Steven Pradell
Looking through the yellow pages, you may find listings for some attorneys who advertise that they "emphasize father's rights." This article explores this issue, and addresses the broader topic of the rights of parents, regardless of gender.
Years ago, a rule called the "tender years doctrine" once was implemented in cases involving custody. According to the doctrine, 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 specifically provides that "neither parent, regardless of the question of a child's legitimacy, is entitled to preference in the awarding of custody." Thus, the mere fact that a parent is the father does not mean that custody will be more difficult to obtain. The court's focus is on the best interests of the children, not the parents, in awarding custody. Both parents have equal rights regarding custody, until a court orders otherwise. In theory, at least, at the start of a custody proceeding or a divorce case, the rights of both parents are equal. Some parents may still feel at the end of a custody dispute that a judge brings to the courtroom his or her own personal bias regarding what is best for young children.
During the time that a court considers an award of custody, Alaska law provides that each parent has equal access to their children, to the greatest degree practicable, unless it is shown to be detrimental to a child's welfare. After a judge has considered all of the factors involved in deciding custody, an order can be issued which grants sole legal custody (giving one parent the ability to make decisions regarding the children) or primary physical custody (giving one parent more time with the children) to one parent. If a judge makes such a custody determination, the rights of one parent then become more limited. Even if the other parent is awarded custody, Alaska laws provide that parents who are not granted custody have the same access to medical, dental, school and other records of the child as the parent who has custody.
A court may award shared legal custody to both parents if shared custody is determined to be in the best interests of the child. Shared legal custody means that the court can allow for both parents to make important decisions together about the needs of their children. Alaska law states "an award of shared custody shall assure that the child has frequent contact and continuing contact with each parent to the maximum extent possible." The legislature, in enacting the custody rules, made it clear that both parents should have the opportunity to guide and nurture their children and to meet their needs on an equal footing beyond the considerations of support or actual custody. A court can also order shared physical custody of the children, allowing each parent to spend more time with them. Judges have broad discretion in determining the actual percentage of time each parent will spend with the children, provided that the court determines that the visitation schedule to be in the best interests of the children.
If one parent willfully, without just excuse, fails to allow the other parent to have visitation in violation of a court order to the contrary, the parent who is denied visitation can sue the other parent for damages for missed visitation. A court can award $200.00 plus reasonable attorneys fees for each failure of a parent who has custody and who fails to permit visitation.
Prior to filing a complaint for custody or divorce, or in the early stages of a case before a judge makes a preliminary custody ruling, it may be difficult for parents to resolve custody problems. Often, one parent will take or fail to return children to the other parent. The Anchorage Police will usually not take a child from a parent absent a court order for custody which specifically grants custody rights to the parent seeking return of the child. The police normally do not want to get involved in domestic disputes. If these problems occur, it may be wise to consult with an attorney who can answer your questions regarding custodial rights and explain the options available to you. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer. It is often important to consult with a lawyer at the start of the process in order to make preliminary decisions regarding how to proceed.
This article is not intended to provide legal advice and should not be relied on for that purpose.