Alaska best Child Custody attorney
Published: July 17, 2004
1) Can I get joint custody of my children?
Alaska has a "joint custody" law that encourages judges to award joint "legal custody" to parents. This means that both parents have a right to make decisions concerning their children, such as education, medical treatment and religious training.
The court also has the power to award "physical custody" to one or both parents. Physical custody determines where the child actually lives, and it is most common for the children to spend most of their time with one parent. The parent who does not have primary physical custody is usually granted "secondary physical custody" or visitation rights.
It is most common for the non-custodial parent to have specified periods of time consisting of alternating weekends, one evening per night and one-half of the children's school vacations. In some cases, the parents agree to "reasonable" secondary physica l custody or visitation rights, which means that the parents agree on the times when the non-custodial parent will have the children.
2) If I have custody of our children, can I relocate with them to another metropolitan area?
In some cases, a judge will issue orders preventing either parent from changing the residence of the children from a specified geographical area. Locally, it is not uncommon for a judge to restrain the parents from removing the residence of the chil dren from what are referred to as "the seven Southern Alaska counties." Such orders are common where both parents have a considerable amount of time with the children and removing them from the metropolitan area would be disruptive to the children an d their development.
Over the last ten years, courts in Alaska have been dealing with the right of a custodial parent to move with the children to another metropolitan area or out of state. The Alaska State Supreme Court recently decided a case that settled this contr oversy. Under the new rule, the custodial parent generally has the right to decide where the children are to live, as long as he/she is not moving simply to deny the other parent access to the children
Alaska best Child Custody attorney - Campbell Custody and Visitation Attorneys
Your Aggressive, Passionate, and Caring Alaska Child Custody Law Firm
When children are involved, the stakes go up in any divorce or separation situation. It is imperative that you protect your children and your parental rights during this time. Alaska child custody laws are very specific about protecting the welfare of children. The Alaska divorce and family law attorneys at the Law Offices of Robert J. Tennant will help you decide what your best legal options are regarding your children after your divorce is settled. Our attorneys have over fifty years of combined experience making sure that our clients get the results they need to protect their children's welfare.
If your pending divorce will involve child custody and visitation issues, contact the Alaska child custody law firm of the Law Offices of Robert J. Tennant. We'll listen and care.
We provide quality legal representation in the following areas of Alaska child custody, child support, and visitation law:
Joint physical custody, joint legal custody, sole custody
Custodial parent relocations, move-aways
Child support law, child support calculation
Child support enforcement
Sanctions
Child visitation agreements, joint custody visitation schedules
Nonmarital relationship custody, paternity law
Father's rights, grandparents' rights, third party visitation rights
Changing custody and visitation
A Special Note about Child Custody Options
Parents often consider some type of joint custody. But, determining the type of joint custody is unique to every case. The child's current home, accessibility to family and friends, school, and appropriateness of a living situation are all important factors. Child visitation involves similar consideration of the child's schedule, location, and supervision. We are able to effectively advocate for your rights within the law while keeping your in child's best interests in mind. Importantly, in this age of mobility, we are familiar with and can help formulate an interstate visitation agreement. Interstate visitation agreements require knowledge of uniform and conflicting state laws. Let us ensure your interstate visitation agreements are enforceable.
For more specific information about Alaska child custody law, visit our Family Law FAQ page on this website.
To discuss your child custody options, contact the Alaska child custody law firm of Robert J. Tennant to schedule a consultation.
Alaska best Child Custody attorney
Can I get joint custody of my children?
Alaska has a "joint custody" law that encourages judges to award joint "legal custody" to parents. This means that both parents have a right to make decisions concerning their children, such as education, medical treatment and religious training.
The court also has the power to award "physical custody" to one or both parents. Physical custody determines where the child actually lives, and it is most common for the children to spend most of their time with one parent. The parent who does not have primary physical custody is usually granted "secondary physical custody" or visitation rights.
It is most common for the non-custodial parent to have specified periods of time consisting of alternating weekends, one evening per night and one-half of the children's school vacations. In some cases, the parents agree to "reasonable" secondary physical custody or visitation rights, which means that the parents agree on the times when the non-custodial parent will have the children.
2) If I have custody of our children, can I relocate with them to another metropolitan area?
In some cases, a judge will issue orders preventing either parent from changing the residence of the children from a specified geographical area. Locally, it is not uncommon for a judge to restrain the parents from removing the residence of the children from what are referred to as "the seven Southern Alaska counties." Such orders are common where both parents have a considerable amount of time with the children and removing them from the metropolitan area would be disruptive to the children an d their development.
Over the last ten years, courts in Alaska have been dealing with the right of a custodial parent to move with the children to another metropolitan area or out of state. The Alaska State Supreme Court recently decided a case that settled this controversy. Under the new rule, the custodial parent generally has the right to decide where the children are to live, as long as he/she is not moving simply to deny the other parent access to the children.
Alaska best Child Custody attorney
If you anticipate you and your spouse will not be able to agree on the custody of your children, you will need to know about the custody laws in the state of Alaska. First of all, there are two types of custody in Alaska: legal and physical. Sometimes, there is a custody battle between parents about legal custody. Legal custody gives each parent the right to make decisions about their children, and requires the parents to meet and confer before making any major decisions about their children. It also gives the parents the right to obtain information about the children, from the children's schools, their doctors, etc.
Whether the custody matters involves a divorce or paternity matter, getting sole legal custody of your children in Alaska is difficult. The court will almost always award joint legal custody to each parent.
If parents fight about custody of their children, it is usually over physical custody. Physical custody determines where the children will live. In a joint physical custody arrangement, the children's time is split nearly equally between each parent's home. A joint physical custody schedule does not have to be structured in any specific way. Joint custody could be a week-on, week-off schedule; or even an every-other-day schedule. However fashioned, joint physical custody will require the parties to cooperate with each other, share the children, and will make it more difficult for the parties to move away from the area. If you live in or around Temecula and if one parent wants to move away, this will often turn into a new custody battle requiring more court hearings. Custody battles- especially those invovling "move away" cases, are best handled with the help of an experienced family law attorney.
Primary physical custody (sole custody) is where the child lives with one parent the bulk of the time and visits with the other parent only on specific days. This is what most parents are referring to when they talk about being in a custody battle. The most common situation is when the child sees the visiting parent on alternating weekends and for an evening or two during the week. Although courts are legally not allowed to favor one parent over the other, practically speaking, most custodial parents are still women in Alaska.
If you have any questions or would like any info concerning custody or visitation in the state of Alaska and you live in the Temecula, Murrieta or Hemet areas of Riverside County, please call us for a free consultation.
Alaska best Child Custody attorney
Courts typically will not consider a parent�s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There have been no cases dealing with transgender parents. The state Supreme Court has held that when a same-sex couple deliberately has a child through assisted reproduction both partners are the legal parents.
Custody and Visitation for Gay, Lesbian and Bisexual Parents
Alaska courts typically will not consider a parent�s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. Alaska law states: "Custody should be granted in the following order of preference according to the best interest of the child: � (1) To both parents jointly � or to either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent � and shall not prefer a parent as custodian because of that parent�s sex. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order. (2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment. (3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child. "This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child. � "In making a determination of the best interest of the child � the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety and welfare of the child. (b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse or co-habitant of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship. (c) The nature and amount of contact with both parents. � (d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities or other public agencies or non-profit organizations providing drug and alcohol abuse services. � The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation."
In one 1988 case, Birdsall v. Birdsall, a gay father�s overnight visitation with his children was conditioned on "no known homosexual being present." The appellate court held that absent a showing of harm or likely harm to the child, a parent�s visitation rights cannot be restricted. In this case, there was no evidence presented that demonstrated harm to the child that could be attributed to the father�s sexual orientation, and there was no evidence of future harm.
Custody and Visitation for Transgender Parents
There are no published cases dealing with transgender parents. State law, however, does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations.
In a 1997 unpublished case, Vecchione v. Vecchione, the Orange County Superior Court upheld the validity of a marriage between a female-to-male transsexual and his female spouse and awarded joint child custody to both parents.
Custody and Visitation for Same-Sex Co-Parents
When a same-sex couple deliberately has a child through assisted reproduction, both partners are the legal parents. Custody and visitation decisions are based on the best interests of the child.
In 2005 the state Supreme Court, in a trilogy of cases, held that when a couple has a child through assisted reproduction, both partners are legal parents. In Kristine H. v. Lisa R., the state Supreme Court ruled that the birth mother, Kristine, could not challenge a court judgment that declared her and her former partner to be the legal parents of the child they had during the relationship through assisted reproduction. In Elisa B. v. Emily B., the court found that the same-same partner, Elisa, was a legal parent and should be held to the duties and responsibilities of a legal parent. In this case, Emily gave birth to twins who had no biological connection to her same-sex partner, Elisa. The relationship ended, and Elisa continued to provide child support for a period of time, and then stopped. And in K.M. v. E.G., the court held both partners to be the legal parents. K.M. had donated her eggs so that her partner, E.G., could bear a child through in vitro fertilization. After the relationship ended, K.M. petitioned to be declared a parent.
In a 2000 case, Guardianship of Olivia J., Karen petitioned for guardianship of a child born to her former domestic partner, Jennifer. Karen had not adopted the child. The trial court dismissed the petition. The appellate court reversed this decision and sent it back to the trial court for further proceedings. The appellate court ruled that the Karen�s status as a non-parent did not preclude her from filing a guardianship petition. The burden for a non-parent, however, is a heavy one � she had to show that Jennifer�s parental custody was detrimental to the child. The court held that "the loss of a relationship with a non-parent, who has acted as a de facto, or psychological, parent, is a factor the court may consider in determining whether parental custody is detrimental to the child."
In a 1999 case, Guardianship of Z.C.W., a lesbian was denied visitation of her former same-sex partner�s children. While the court acknowledged that she was a de facto parent, or psychological parent, they concluded that absent any legislation or other court cases granting a non-parent visitation rights over the objection of the biological parent, and in the absence of any showing of detriment to the child, they could not grant those rights.
In two cases, West v. Superior Court of Sacramento Co. in 1997 and Nancy S. v. Michele G. in 1991, the Court of Appeals ruled that former same-sex partners who do not have a biological or legal relationship with the children of the former relationship do not have standing to obtain parental rights (visitation and custody). In Nancy S., a same-sex couple had a child during the relationship. After the relationship ended, the biological mother, Nancy, was determined to be the only parent of the child. Her former partner, Michele, appealed, arguing that that she was a de facto parent. The appeals court stated that indeed she may be a de facto parent, but that did not mean she had the same rights as a parent to seek custody and visitation over the objections of the child�s natural mother. The court reviewed the cases in this area and concluded that even if non-parents qualify as de facto parents, it is in the context of them being recognized in guardianship or dependency proceedings and sometimes even obtaining custody of children � but only if it is established by clear and convincing evidence that parental custody is detrimental to the children. The appeals court upheld the decision of the trial court.
In a 1990 case, Curiale v. Reagan, a same-sex couple had executed a written agreement stating they would share physical custody of the child born during their relationship. After the relationship ended, the biological mother, Robin, refused to allow her former partner, Angela, to visit the child. Angela petitioned the court to give effect to the written agreement. The trial court declined and held that it had no jurisdiction to award custody or visitation since Angela had no right to custody. The appeals court upheld this decision.
Alaska best Child Custody attorney What is custody?
When the court issues a custody order, it will address these two parts of custody:
Physical custody is the physical care and supervision of a child (under 1 8 years of age). In other words, it�s who lives with the child on a day-to-day basis.
Legal custody is the right to make major decisions about your child, like where your child goes to school, what kind of health care s/he receives, or what kind of religious training s/he attends.
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Alaska best Child Custody attorney
What is joint custody?
Joint custody means you share custody with the other parent.
Joint legal custody is when both parents have equal rights and responsibilities for major decisions concerning the child, including the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents have equal rights and responsibilities for other decisions.
Joint physical custody is when custody is shared in a way that gives both parents frequent and substantial contact with the child. It does not necessarily mean that the child spends half of the time with each parent. Instead, the child spends blocks of time with each of the parents, who share the right and responsibility to raise the child in their homes. Each parent has more than simple visitation privileges.
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Alaska best Child Custody attorney
What is sole custody?
Sole custody means that you don�t share custody with anyone else.
Sole legal custody is when only one of the parents has the right and responsibility to make major decisions concerning the child.
Sole physical custody is when only one parent is responsible for the physical care and supervision of the child. The noncustodial parent (parent without custody) usually will have visitation privileges.
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Alaska Child Custody attorney:
Who is entitled to custody?
At least one of the child�s parents is entitled to custody, unless there is clear and compelling evidence that both parents are unfit. Where the parents are unfit or no longer living, the judge can award custody to another person. In very rare cases the judge could give custody to a public agency, if the Court finds by clear and convincing evidence that being in the custody of either parent would be detrimental to the child. If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is usually entitled to custody of the child.
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Alaska Child Custody attorney:
Are grandparents entitled to visitation?
Sometimes. A grandparent can get visitation if:
the parents are divorced or separated, or
one parent has died, or
the child is not living with either parent, and
the Court finds visitation to be in the best interest of the child.
The Court must balance the benefits of visitation against the right of the parents to exercise parental authority, but that balancing process begins with a presumption that grandparent visits should NOT take place, and there will be no visits if BOTH parents object.
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Alaska Child Custody attorney
How will a judge make a decision about custody?
The judge will try to come up with a custody arrangement that s/he thinks is in your child�s best interest. The judge will look at many factors to decide what is in the best interest of your child. Some of these factors may include the wishes of the child, the habitual or continual illegal use of controlled substances and alcohol by one or both of the parents, and any history of abuse by the parent seeking custody.
When you are getting ready for the court hearing to determine custody, it is a good idea to gather as much information as possible about the other parent and yourself that will help the judge get a good picture of your family�s situation. This includes information on the other parent�s behavioral patterns. This is particularly important if there have been incidents of abuse that you would like taken into consideration. If possible, come to court prepared with written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities or any other proof you can provide that explains the behavior of the other parent.
Alaska has laws that may help survivors of abuse. The judge will assume that giving an abuser sole or joint custody goes against your child�s best interest if:
both parents want custody and
the judge finds that one parent committed domestic violence against the other parent, the child, or the child's siblings and
the abuse happened within the last five years
If an abuser wants sole or joint custody, the burden is on him to prove how it�s in the child�s best interest.
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If I have moved away from the house where my husband and children currently live, will this hurt my chances of gaining custody?
It depends. If you are gone or move out of the family residence, the judge will not consider this as a factor in determining custody or visitation IF you moved to escape domestic violence or the threat of domestic violence by the other parent and if you do not wait a long time to ask for a custody order.
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Alaska best Child Custody attorney
Do I need a lawyer?
You do not need a lawyer to file for custody. However, it may be difficult for you to file a proper petition without the help of a lawyer. Also, if the other parent has a lawyer, it will be particularly helpful if you have a lawyer as well.
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Alaska Child Custody attorney
Where can I file for child custody? (Which state has jurisdiction?
Custody jurisdiction is state law. However, Alaska, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ( UCCJEA), which we explain here.
Under the UCCJ EA, you can file for custody only in the "home state" of the child. (There are exceptions to the "home state" rule -- see below.)
The "home state" is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. If your child is less than six months old, the "home state" is the state where the child has lived from birth. (Temporary absence from the state does not change anything.)
If you and your child recently moved to a new state, you usually cannot file for custody in that new state until you have lived there for at least six months. Until then, the other parent can start a custody action in the state where your children most recently lived for at least six months.
There are exceptions to the home state rule. In some cases, you can file for custody in a state where the children and at least one parent have "significant connections." Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction. This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.
You can also file for temporary emergency custody in a state other than the home state if the child is present in that state and one of the following is true:
1. the child has been abandoned or
2. custody is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
Judges may be very reluctant to use the emergency exception.
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Alaska Child Custody attorney
What are the steps for filing for custody?
It depends on the particulars of your situation. To find out what the process will be like for you, please consult a lawyer in your area.
Generally, if the parents are married, one or both of the parents files for custody as part of a divorce action. A married parent can also file a petition for custody without asking for a divorce. If the parents are already divorced, the parent who does not have custody can file a petition for a change in custody in the county where the divorce was granted. If the parents were never married, either parent can file for custody in the county in which the child is living.
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Alaska best Child Custody attorney
Can a parent who committed violence get visitation?
Sometimes. Visitation by the parent who committed violence may be allowed, but only if the judge believes that proper measures can be taken to insure the safety of both the child and the other parent. This may include an exchange in a protected setting or supervised visits. The judge may also order the violent parent to attend counseling and refrain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation. If the judge does not believe that the victim remains at risk from the abuser, the judge may order unsupervised visitation without any measures to protect the victim and child. Therefore, if you feel there is still a risk of violence, you must convince the judge that you and your child need protection from the other parent.
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Alaska best Child Custody attorney:
If a custody order is already in place, how can I get it changed?
Because custody is decided based on what is in the best interest of the child, an order is never permanent. If you have a custody order already in place, you can petition the court to make changes to it or modify it. Generally, you can ask to have a custody order modified only if there has been a �substantial change in circumstances� since your last custody hearing. An instance of domestic violence may, by itself, be considered a substantial change in circumstances.
To modify a custody order, you will need to start with the court that issued the order, even if you have moved. If both you and the other parent have both moved out of the original county, the court will generally grant a motion to change venue to a county where one of you is now living.
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Alaska best Child Custody attorney
Can I change the state where the case is being heard?
If you move to another state, you may be able to change the state where the custody case is being heard. You will have to ask the judge who is hearing the case to change the jurisdiction of your case. This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this.
(Go to the Links & Resources page in your state to find someone who can help you.)
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Can I get temporary custody if I have a restraining order against the other parent?
It depends. If a restraining order is granted due to domestic violence, the order may include temporary custody of minor children and temporary visitation. Be sure to tell the judge that you want temporary custody during your restraining order hearing so that the judge can take your request into consideration. Custody granted with a restraining order expires with that order. The judge may extend temporary orders as s/he feels is necessary.
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Can I get temporary emergency custody?
Alaska judges will usually grant temporary, emergency custody orders only in extreme situations. You will need to prove to the judge that your children are in immediate danger in order to get an emergency custody order. The court may issue you temporary emergency custody if it feels that there is immediate danger of abuse and it is necessary to protect you or your children.
If you have strong proof that your children are in danger, a judge may grant temporary emergency custody. Some judges do not require much proof, while others almost never grant temporary emergency custody. It is almost always better to have a lawyer helping you file for temporary emergency custody.
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Alaska Child Custody attorney lesbian couples
If there is a custody order in place, can I take my kids out of the state?
You can take the kids out of the state for a brief trip as long as there is no order prohibiting it and so long as it does not interfere with the other parent�s visitation rights.You cannot change the child�s residence to another state without the permission of the other parent or a court order.
If either parent has filed an action for dissolution of marriage (divorce), legal separation, nullity (annulment), or to determine parental relationship (paternity), there will be an automatic restraining order in place ordering both parents not to take the children out of Alaska until a judge comes up with a final judgement. Until the judge makes a judgement, you can ask the judge for permission to take trips with the children out of state.
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If the other parent takes the kids out of state without my permission, can I charge him with kidnapping?
Perhaps. This varies from county to county, and it depends on the willingness of the District Attorney to file the charges. The District Attorney is the official in charge of prosecuting criminal cases. The contact information for the District Attorney's office in your area should be in the blue pages of your phone book.
If you cannot get help by contacting the District Attorney yourself, you should get advice from a lawyer.
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Can I get financial support for my children and myself?
Probably. The court will not order support at a temporary restraining order hearing, but it may be ordered at a custody hearing.
Alaska has child support guidelines, which are based on your income, the other parent�s income and the amount of time the children spend with each of you. These guidelines will determine how much support you get, except in very rare circumstances.
AllLaw.com has an online child support calculator that can give you an estimate of the child support guidelines in your case at http://www.alllaw.com/calculators/Childsupport/Alaska/ .
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If I think that the other parent may kidnap my child, is there anything I can do?
You should make every effort to tell the judge what you know and show the judge as much evidence as possible to back up your story. If a judge becomes aware that there is a risk of child abduction, the judge will order measures to prevent the abduction.
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What is mediation?
Mediation is when a neutral third party helps people make an agreement. The court will not make any custody orders at the hearing until you and the other parent have attended mediation. The mediator will try to bring you and the other parent to an agreement.
In some counties the mediator will make a recommendation to the judge about what the order should be if you don�t reach an agreement; in other counties the mediator is not allowed to tell the judge anything unless there is an agreement. The mediator will, if you request, see you and the other parent in separate sessions if you have made allegations of abuse. You will be sometimes be permitted to bring a support person � not a lawyer � with you to mediation when there are allegations of abuse.
Alaska best Child Custody attorney A Alaska state law giving grandparents and others broad visitation rights unconstitutionally infringed on fundamental right of parents to raise their children
Facts: Washington Rev. Code ��26.10.160(3) permits "[a]ny person" to petition for visitation rights "at any time" and authorizes state superior courts to grant such rights whenever visitation may serve a child's best interest. Pursuant to that statute, the parents of the deceased father petitioned for the right to visit their granddaughters. The girls' mother did not oppose all visitation, but objected to the amount sought by the grandparents.
Trial Court Ruling: The Washington Superior Court ordered more visitation than the mother desired, and she appealed. The state court of appeal reversed and dismissed the grandparents' petition, and the Washington State Supreme Court affirmed.
Ruling on Appeal: Affirmed. The Fourteenth Amendment's Due Process Clause protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children. Washington's overly broad statute effectively permits a court to disregard and overturn any decision by a fit custodial parent concerning visitation whenever a third party affected by the decision files a visitation petition, based solely on the judge's determination of the child's best interest. A parent's estimation of the child's best interest is accorded no deference. The Washington statute created an impermissible presumption favoring grandparent visitation, placing the burden on the mother of disproving that visitation would be in her daughters' best interest.
Comment: The Alaska Legislature will have to amend its grandparents and stepparents visitation statutes to comply with Troxel.
Grandparents: Family Code �3104 (e) and (f) provide as follows:
?(e) There is a rebuttable presumption that the visitation of a grandparent is not in the best interest of a minor child if the natural or adoptive parents agree that the grandparent should not be granted visitation rights.
(f) There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the parent who has been awarded sole legal and physical custody of the child in another proceeding or with whom the child resides if there is currently no operative custody order objects to visitation by the grandparent.?
The rebuttable presumption of 3104(f) appears to apply only if there is a parent who has been awarded sole legal and physical custody of the child or if there are no existing custody orders. What if, as in the vast majority of custody orders, the parents have been awarded joint legal and physical custody and the other parent does not object to the grandparents exercise of visitation rights? It appears that, in that situation, the court is to simply make a best interests determination without any deference to the objecting parent's opinion.
Stepparents: Alaska's stepparent visitation statute appears to fall under the broad shadow cast by the ruling in Troxel. Family Code �3101(a) provides that, ?Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by the stepparent is determined to be in the best interest of the minor child.? By simply petitioning for visitation rights, a stepparent can force the parent to defend him/herself in a hearing in which the only criteria is the best interests of the child. In order to comply with Troxel Family Code �3101 (a) will have to be amended to provide that there is a rebuttable presumption that stepparents visitation rights are not in the child's best interest.
Alaska best Child Custody attorney: The federal district court must abstain from intervening in an ongoing state child-custody proceedings by vacating existing orders and directing future course of litigation.
Facts: In a bitter dissolution custody dispute in Los Angeles County Superior Court the child's parents, Los Angeles County Superior Court Judge Sandoz initially awarded custody to the mother, providing the father with limited supervised visitation. The first judge became ill and was replaced by the second judge, who awarded custody to the father because she found the mother to be a ?flight risk.? The second judge also ordered that the mother was not to have any contact with the minor child. The mother's writ to the 2nd District Court of Appeal and petition to the Alaska State Supreme Court were denied. The first judge returned to the case and gave the mother limited visitation rights.
The mother's next move was to complaint in federal district court against the Superior Court, Judge Koppel and the child's guardian ad litem. The defendants' motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) was granted and the mother appealed to the 9th Circuit Court of Appeal.
Trial Court Ruling: See facts above.
Ruling on Appeal: Affirmed. A federal court must abstain from interfering in a state court matter if the state proceedings are (1) ongoing, (2) implicate important state interests, and (3) provide the plaintiff an adequate opportunity to litigate federal claims.
Cross-reference: Younger v. Harris, 401 U.S. 37 (1971)
Alaska best Child Custody attorney: Alaska District Courts of Appeal
Note: this decision has been depublished and should not be cited in pleadings.
Holding: A request for a modification of time sharing schedule of a shared custody order requires showing of changed circumstances.
Facts: In the dissolution trial, the parents were awarded joint legal and physical custody of the four minor children. The court order included a schedule under which the parents would alternate physical custody of two of the children on a weekly basis. Physical custody of the third child was to be equally divided during the week. The father was awarded primary physical custody of the fourth child. One and one-half years later the father sought a modification to have physical custody of all the children shared on an alternating week basis.
Trial Court Ruling: The father's Order to Show Cause was denied on the basis that he had not substantiated a change of circumstances.
Ruling on Appeal: Affirmed. Based, in part, on the father's acknowledgment that there had been no change of circumstances, the court held that the trial court was correct in refusing to modify the time sharing arrangement. The court disagreed with the 1st District Court of Appeal's holding in In re Marriage of Birnbaum which held that a change of circumstances is not necessary in order to obtain a modification of a timesharing schedule. The father, who was representing himself, was highly litigious and the Court of Appeal appears to have been eager to dispense with this case.
Cross-reference: In re Marriage of Birnbaum (1989) 211 CA3 1508, 260 CR 210
Comment: Mr. Birnbaum petition to the Alaska State Supreme Court was initially granted on May 26, 1999. However, the Court dismissed the petition on January 13, 2000, with a remand back to the 5th District Court of Appeal. The minutes of the Court for that date indicate that the case was apparently settled and the father filed a ?Request to Dismiss Petition for Review Pursuant to Voluntary Settlement.?
With the dismissal of the appeal, Birnbaum remains the sole authority on the subject of the modification of time sharing schedules. Even though it has been depublished, Congdon has been summarized here because it appears that the validity of Birnbaum is now suspect, at least in the 5th Judicial District.
In its review of the now unpublished decision, CLFR suggests that the mere change of the children's ages between the date of the initial order and the father's request was a sufficient change of circumstances. Unfortunately, the father did not assert it as a basis for his modification request. CFLR further opines that Birnbaum was the better of the two opinions. 1999 CFLR 8163.
Alaska best Child Custody attorney: Like most states, the standard for child custody determinations in Alaska is the overall best interest of the child with an emphasis on assuring the �health, safety, and welfare� of the child and �frequent and continuing contact� with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the Alaska family code section 3011 (See Alaska Family Code Section 3011, 3020, 3040, 3080). Further, according to Alaska family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child.
A common challenge for the court is to decide who will get custody of the child. Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child. So how does the Alaska family court or a Alaska judge handle competing persons seeking custody of the child? According to Alaska family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child. The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. Alaska however does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, it allows the Alaska family court or Alaska judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child. If neither parent is granted custody, then the court may look towards the person�s home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child. In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child.
If you are involved in a child custody battle with the other parent, grandparent, stepparent, or any other person, you would be wise to consult a Alaska family law attorney to help you learn where you stand legally and what your legal options are with respect to your child custody rights and visitation rights.
Alaska best Child Custody attorney Child custody for fathers cases are more common today than it was in the past. Prior to the 1970's, custody was often vested with the mothers as the courts were guided by the tender years doctrine. The tender years doctrine presumed that during a child's tender years (which has been regarded as thirteen years old and under) the custody of the child should be with the mother. However, in the 20th century the courts began shifting away from the tender years doctrine (which violated the Equal Protection Clause in the 14th Amendment of the U.S. Constitution) to the best interests of the child standard. For most states, the best interest of the child standard became the public policy and the law by which the family courts were to be guided and how the family courts were to determine child custody awards.
Despite the 20th century shift to the best interest of the child doctrine, many family courts today continue to give great weight to the traditional role of the mother as the primary caregiver. The application of this standard in custody determinations has historically tended to favor the mother over the father in a child custody dispute. Regardless of the weight often given to the traditional role of the mother as the primary caretaker, more fathers are winning custody of their children. In some cases, child custody for fathers is obtained by mutual agreement between the parties. In some situations, the children prefer to live with their father. In other situations where child custody is left for the court to decide, fathers are proving to the court to be the more emotionally stable parent who can provide the better living environment for their children. In some situations, mothers are not able to afford the often protracted and expensive child custody battle or the mother is more interested in pursuing a career. Regardless of the situation, more fathers are getting custody of their kids whether it be by mutual agreement between the parents or by a decision from the court.
Alaska best Child Custody attorney After the decision taken by the US Supreme Court in Troxel case, visitation and child custody grandparents rights are being determined based on the best interests of the grandchildren. Factors such as the pre-existing relationship between the child and the grandparent and the reason for the parents' objection often determine the level of visitation rights and child custody for grandparents seeking court ordered times to be with their grandchildren.
Today, all states have statues authorizing a court to award visitation to a grandparent under certain circumstances. For example, Alaska requires two prerequisite findings before granting visitation rights to a grandparent. First, there must be a preexisting relationship and bond between the grandparent and the grandchild and second, the requested visitation must be in the best interest of the child. If the prerequisites are found, the court must also balance the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority. Family Code � 3103 (a) (2).
Different from that of Alaska, Virginia has a broader law that allows child custody grandparents visitation rights to be petitioned in the court even when the parents and children are in an intact household. Virginia's Supreme Court rejected a challenge to its third party visitation law, on the grounds that it interfered with a parent's fundamental constitutional right to autonomy in raising his/her child. The court held that the statute would be constitutional even as applied to intact families if visitation were ordered even over the objection of a parent on a showing that the child would be harmed without such visitation (Williams vs. Williams).
Virginia is not in the majority. Most state courts do not permit a grandparent to petition the court for grandparent visitation rights if the family is still intact. The intent of this is to preserve the parents constitutional right of privacy and autonomy in raising his/her child. Illinois recently upheld the constitutionality of its grandparent visitation law which allows grandparent rights to visitation only when the family unit breaks down and is not intact. The statute allowing grandparent visitation only for non-intact families was not a violation of the equal protection clause of the constitution (West vs. West).
Alaska best Child Custody attorney - There are many factors to consider in filing child custody papers. You can file child custody papers yourself (in pro per) or you may choose to retain a family law attorney to represent you and file the child custody paperwork on your behalf. There may be local rules and procedures for filing child custody papers you must adhere to. If you choose to represent yourself you will be taking on the responsibility of knowing the procedures and timelines related to your child custody papers and court appearances.
Child custody papers and forms can usually be obtained at your local family court and many times can be downloaded from the local family court website. Some courthouses provide assistance or services to help you complete the papers and forms and file them. Child custody papers can usually be filed in person or via mail. In some areas, there are fax filing agencies that have been approved by the court if you are unable to appear and wish to submit your papers via fax. Generally, the court will not set hearings over the phone. Child custody documents submitted through the mail will often be assigned a hearing date according to the statute requirements.
Typically, there are costs associated with filing child custody papers. For family law filing fees and other court related fees you will want to check with your local family court. If you are unable to pay the filing fees and costs, your local court may provide a fee waiver mechanism in which you can ask the court to permit you to proceed with filing your custody papers without paying the court fees and costs.
Whether you decide to file custody papers on your own or hire an attorney to do it for you, you would be wise to consult a family lawyer to find out where you stand legally on your child custody case and what your legal options are. Additionally, a family law attorney can help you understand the local requirements and procedures, local forms, timelines, and right approach for filing your child custody paperwork.
Alaska best Child Custody attorney: Flight attendants child custody and visitation schedules will need to be well thought out due to the unorthodox and unstructured work schedules flight attendants often have. Flight attendants flying assignments are generally tied to the flying schedules, which may include nights, weekends, holidays, extended hours, overnights, and layovers. For new hire flight attendants on reserve status involved in or possibly facing future child custody battles, you may want to investigate the pros and cons of this occupation and the impact it may have on your child custody and visitation schedule.
Flight attendants are generally contracted to work 50 to 75 hours per month depending on the airline. If the need arises for them to fly more often, they can be compensated at a rate of time and a half. Flight attendants hourly wage can be fairly high and many airlines offer fringe benefits, which can include health and life insurance, retirement plan, paid vacation, lodging and food costs on "layovers", uniform replacement, and free or discount air travel for flight attendants and immediate family members.
Seniority determines status as a lineholder or reserve flight attendant. New hire flight attendants will generally work on reserve status determined by company operational needs. While on reserve, flight attendants may be required to live in their base city and be able to report for duty within 2 hours notice. Reserve flight attendants often must provide phone numbers where they can be reached while on duty and be available for duty assignments on a 24 hour standby basis. Lineholders generally have a flying schedule set at least one month in advance. Therefore a lineholder will know when and where he/she will work and on what types of aircraft. The airlines use reserve flight attendants to fill open flying time and to cover positions vacated by lineholders calling in sick or on holiday. While lineholder flight attendants can receive a set schedule (known as a block) after less than two years, at some bases flight attendants can sit reserve for more than ten years.
While many flight attendants enjoy fairly high hourly wages and 11 days off each month as a result of unorthodox scheduling and limitations on in air work time, a flight attendants child custody and visitation schedule is not easy to create because their days off are often not predictable and consistent each month. Senior flight attendants child custody and visitation schedules are easier to build than reserve flight attendants child custody schedules. In addition, stable, consistent, and predictable work schedules are typically better for children and favored by the court, which is a challenge reserve flight attendants may face.
For new hire flight attendants with unpredictable work schedules involved in or possibly facing a child custody battle may want to take time to investigate the pros and cons of this occupation and how it may affect your child custody and visitation schedule.
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Alaska best Child Custody attorney
RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a dissolution of marriage (divorce), one party must be a resident of Alaska for six months, and a resident of the county in which the proceeding is filed for three months, before filing the petition. The superior court has jurisdiction in proceedings under this code. [Based on Alaska Family Code - Sections: 200, 2320]
LEGAL GROUNDS FOR DIVORCE: Dissolution of the marriage or legal separation may be based on either of the following grounds: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage; or (b) Incurable insanity (only upon proof). [Based on Alaska Family Code - Sections: 2310]
LEGAL SEPARATION: The grounds for a legal separation are the same as the grounds for a divorce, and the same residency requirements must be met. After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations. [Based on Alaska Family Code - Sections: 2310, 2320, 772]
MEDIATION OR COUNSELING REQUIREMENTS: When issues are being contested, and there is a minor child of the spouses or parents or of either of them whose welfare might be affected thereby, the family conciliation court has jurisdiction as provided in this part over the controversy and over the parties to the controversy and over all persons having any relation to the controversy. [Based on Alaska Family Code - Sections: 1830]
Alaska best Child Custody attorney gay couples PROPERTY DISTRIBUTION:Alaska is a community property state. Except as otherwise provided by statute, all property (wherever situated) acquired during the marriage while domiciled in this state is community property. Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, the court shall divide the community estate of the parties equally. Separate property is not included in the division of the community estate.
Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents, issues, and profits of the property described in this section. (b) A married person may, without the consent of the person's spouse, convey the person's separate property. After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations. [Based on Alaska Family Code - Sections: 760, 770, 772, 2550]
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ALIMONY/SPOUSAL SUPPORT: The court shall consider all of the following circumstances where determining spousal support: (a) The ability to maintain the standard of living established during the marriage, taking into account all of the following: (1) The ability of the spouse seeking support to gain self-supporting employment (2) The extent to which that spouse's present or future earning capacity was impaired by periods of unemployment during the marriage to permit the supported party to devote time to domestic duties. (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c) The ability of the supporting party to pay spousal support. (d) The needs of each party based on the standard of living established during the marriage. (e) The obligations and assets, including the separate property, of each party. (f) The duration of the marriage. (g) The ability of the supported party to be gainfully employed without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health of the parties. (i) Documented evidence of any history of domestic violence between the parties. (j) The immediate and specific tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. (m) Any other factors the court determines are just and equitable. [Based on Alaska Family Code - Sections: 4320] � Return to top
SPOUSE'S NAME: In a proceeding for dissolution of marriage or for an annulment, but not in a proceeding for legal separation of the parties, the court, upon the request of a party, shall restore the birth name or former name of that party, regardless of whether or not a request for restoration of the name was included in the petition. [Based on Alaska Family Code - Sections: 2080]
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CHILD CUSTODY: Either parent may be awarded custody. There is neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, allowing the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child. In making a determination of the best interest of the child when deciding custody, the court shall consider all of the following:
The health, safety, and welfare of the child.
Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a care-taking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
The nature and amount of contact with both parents, except as provided in Section 3046.
The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation.
Any other factors the court finds relevant.
[Based on Alaska Family Code - Sections: 3010, 3011, 3040]
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CHILD SUPPORT: Both parents of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances. The duty of support continues until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. Both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.
The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article. [Based on Alaska Family Code - Sections: 3900, 3901,3910, 4052] � Return to top
PREMARITAL AGREEMENT: To be valid, a premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property. (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. (4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement. (5) The ownership rights in and disposition of the death benefit from a life insurance policy. (6) The choice of law governing the construction of the agreement. (7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
Alaska best Child Custody attorney - You must be a resident of Alaska for six months and a county resident for three months to file for a divorce, called a "dissolution."
Either spouse can get a divorce simply by stating in divorce papers that "irreconcilable differences" have caused a breakdown in the marriage. If both spouses are in agreement that there should be a divorce, they can agree in writing (called a "stipulation") that the marriage can be ended.
The legal divorce process begins when one of the spouses files a "Petition for Dissolution of Marriage" with the Superior Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future.
After the Petition for Dissolution has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.
Alaska is a "community property" state, which means that assets and debts acquired during your marriage will be divided equally when you divorce.
But not all property is considered "community property":
For example, any assets you had before you married will be considered "separate property" if you kept that property separated from property acquired during the marriage
The income produced by a separate property investment is also separate property, as long as it hasn't been "commingled" - mixed together with community money
Property you inherit from your family during your marriage will generally be considered your own separate property if it was willed exclusively to you and you did not commingle it with community assets during the marriage
It's important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Alaska divorce lawyer can save you a lot of time and money.
A court can order alimony - called "spousal support" in Alaska. A court will generally consider such factors as:
The standard of living established during the marriage
The duration of the marriage
The needs of each party
The financial resources and liabilities of each party
The impact on the children of having the care-giving spouse working
The contribution of each party to domestic duties and the education and career building of the other party
Any tax consequences
All sources of income available to either party
A court can order temporary spousal support while the divorce is pending. Most spousal support is ordered for a specific length of time. Once ordered, it can be modified only upon a showing of a " change in circumstances."
In Alaska, the court will make child custody decisions based on what is in the "best interest" of the child if the parents can't come to an agreement. In deciding which parent should have primary custody, the court will consider:
Alaska Child Custody attorney gay couples
Which parent is more likely to allow the child frequent and continuing contact with the nonresidential parent
The history of contact between the parents and the child
The health, safety and welfare of the child
The mental and physical health of the parents, including any history of continual alcohol or drug usage
The preference of the child, if the child is intelligent, understanding and experienced enough to express a preference
Evidence of child abuse
After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.
In Alaska, child support is based on:
The incomes of both parents
How many children the parent is responsible for supporting
How much time the children spend with each parent
If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education for the parties' children.
A Alaska child support order can be modified if there has been a change in circumstances. Examples of this would include:
A big increase or decrease in either parent's income
The child spending a lot more time with either parent
The child being several years older or having special financial needs such as schooling or medical expenses
Alaska best Child Custody attorney: Faced with uncertain tax obligations and fearing other legal or financial headaches, some committed gay couples are opting out of Alaska's new comprehensive domestic partnership law, saying it offers too few benefits at too great a cost.
In December -- in anticipation of the law's Jan. 1 implementation -- 1,188 couples dissolved their domestic partnerships. More than 2,500 broke off their legal ties last year, compared with 733 the year before. Several hundred more have terminated their partnerships this year.
Advocates hailed the new bill, which extends all the state benefits and responsibilities of marriage to gay couples, as a major step forward for gay rights. It is one of the strongest such pieces of legislation in the country; only Vermont and Massachusetts offer gay families more protections.
But while some couples split simply because the relationship was over, others who are still together dissolved their partnership with the state because they were worried about issues ranging from the burden of community debt to the loss of public benefits.
Under the new law, gay couples have the same state rights -- and responsibilities -- as their married peers, including community property rights and obligations, child custody rights, the right to child support and alimony, extended family leave benefits and mutual responsibility for debts. But gaps between state and federal law have led to complications.
"The bulk of my clients are people who have to be registered because they have kids" and they wanted the protections of the law, which treats domestic partners with children like married parents, said Ora Prohovnick, an attorney who specializes in gay and lesbian family law. "But (the law) definitely creates grave concerns for a lot of people. ... It's not so much that we know it will do bad things, but because it could create a mess. We're the only people in the world who have community property but no marriage, and none of us has a clue about what it's going to mean."
The law builds on the state's domestic partner law, enacted in 1999, which granted couples such benefits as the right to make medical decisions for each other, hospital visiting rights and the right to sue for the wrongful death of one's partner.
The liabilities that each partner assumes under the law troubled Lisa Niebauer and Mindy Oppenheim, who decided to dissolve their domestic partnership because of concerns about shared debt.
Three years ago, Niebauer was treated for ovarian cancer. She is doing well and plans to graduate from law school in the spring. But because of the limits of her health insurance, Niebauer is worried that a decline in her health could leave her partner grieving -- and in debt.
"I didn't want Mindy ending up owing thousands of dollars for medical care because this country doesn't have universal medical care," Niebauer said.
When the secretary of state sent registered partners letters explaining the law, "I read the letter and said, 'Great. We don't have the benefits if we travel to another state, it doesn't give you federal tax benefits, and she ends up owing my debt and I end up owing hers. What benefits are we getting here?' "
Because the law requires that most couples ending their domestic partnerships go through divorce-like proceedings -- rather than simply submit paperwork -- the secretary of state doesn't have a complete count of terminations completed since December. As of the end of the year, however, there were 25,525 active domestic partnerships in Alaska. So far this year, 948 couples have registered with the state and at least 241 have ended their legal relationship.
attorneys warn that those who forgo registering will have less protection under the law than they did before the new legislation. Despite that -- and despite the fact that dissolving domestic partnerships was painful for some --
Alaska best Child Custody attorney gay couples
many gay couples decided to undo their legal ties because they worried how their legal relationship could affect their tax status.
No one knows whether assets and property that move between partners -- during their lives together or after a split -- will be subject to federal gift, income or capital gains taxes down the road. If, for example, one partner makes $100,000 and the other doesn't earn an income, community property laws mean that the unemployed partner is now entitled to $50,000 -- but it's not clear whether the federal government will impose a gift tax on that money. Gay couples cannot file joint tax returns.
Some decided to de-register while it was easy, figuring they could always sign up again once the uncertainties had been ironed out or they had a chance to put together a legal document akin to a prenuptial agreement. Other couples, who had broken up but never completed the paperwork to reflect their changed status, finally decided to make haste as the new rules approached.
The list of explanations goes on: Some dissolved their agreements because they were worried their public benefits would be slashed once the state calculated their combined worth. Or, if the relationship didn't work out, they didn't want the headache, expense or drama of the formal process of a divorce.
Or couples signed up for domestic partnership years ago -- when the law was very different -- because they wanted to make medical decisions for one another.
"Suddenly to be told they were on the hook for shared community property back to the day they registered and spousal support was shocking," Prohovnick said.
As lawyers, Wendy Musell and Maraka Willits of Richmond are fully aware of the drawbacks of the new law, but after seven years together, they decided it made the most sense for them to remain registered.
"In forging forward for more rights for gay and lesbian people, there have to be people willing to be on the frontier," said Musell. "If that means paying more taxes or having more uncertainty in that area, that's something we'll have to live with."
Alaska best Child Custody attorney : The law firm Trope and Trope asked a court Wednesday to be relieved as Spears' attorneys. The firm said there's been a breakdown in communication with the pop princess that makes representing her impossible, according to the filing, obtained by CelebTV.com.
A message left with a publicist for Spears' record label was not immediately returned.
Spears and Federline have been wrangling for months over custody of their sons, 2-year-old Sean Preston and 1-year-old Jayden James.
Federline has temporary custody because Spears, who has limited visitation rights, has defied court orders. The two were married in October 2004 and finalized their divorce in July.
On a separate legal front, an attorney for Spears wants the city attorney's office to prove that the pop star is a permanent Alaska resident and is subject to state laws that require her to have a valid Alaska driver's license.
Spears faces up to a year of probation if convicted in a misdemeanor case of driving without a valid license, a charge to which she has pleaded not guilty. The case stems from a videotaped fender-bender in a parking lot in August. A hit-and-run charge was dismissed.
Spears attorney J. Michael Flanagan earlier Wednesday requested prosecutors be required to demonstrate that Spears, who owns homes in Louisiana and Florida, intends to make Los Angeles her permanent legal home.
"If they can establish that Britney is domiciled here in Alaska, that she permanently intends to stay here, then she does have a requirement to get a license," Flanagan said in an interview. "Basically, it's a fix-it ticket."
Flanagan said Spears had a valid Louisiana license at the time of the incident and got a Alaska license six days after the complaint was filed.
Alaska best Child Custody attorney
If you ask to your friend or your colleagues, most of them will tell you that grandparents do not have no common law right to see their grandchildren if the parents object. And for the most part, all these people are right in some respects. Interestingly, there is no basis in constitutional law regarding grandparent visitation rights in the United States. However it is interesting to know that grandparents can be entitled to visitation rights with grandchildren in some cases.
In order for a grandparent to obtain such visitation rights, the grandparent may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child�s health and welfare. Considering that that parents have a fundamental right to the care, custody and management of their child, the grandparent generally has to show that there is a sufficient reason for the court to interfere with the parent's right to for such external interference to be imposed. Therefore it is often difficult to prove such harm to the child. Some courts or judges may also fear that allowing grandparents an external visitation right could be harmful to the parental authority. It could also create intergenerational disputes which could be even more detrimental to the child and/or be contrary to the child�s best interest. Therefore, courts often recommend that parent and grandparents reach an agreement out of court.
Under specific circumstances grandparents can be granted custody rights of the child. When one parent is deceased the other surviving parent is typically preferred to obtain the custody of the child if deemed fit. But if both parents are deceased, the courts may decide to award the custody of the child to the grandparents since a blood relative is often preferred to obtain custody. Even in this situation, the grandparent has to present key evidence to the court that the child would be better off if he/she had custody of the child compared to other blood relatives or third parties. The courts can make their decision taking into account the age, health and financial ability of the grandparent to properly support and care for the child.
There are many restrictions and limitations in which the court can order or grant grandparent visitation rights. Additionally, the laws related to grandparent visitation rights are sometimes changing and developing. To learn the latest laws and developments in your area with respect to grandparent rights to child custody and visitation you may want to consult an attorney in your jurisdiction who can advise you legally.
Alaska best Child Custody attorney: When a divorce or dissolution of marriage is brought before the family court, child visitation is considered at the same time and according to similar factors as child custody. The term stands for the time in which the non-custodial parent is allowed to meet or visit with his/her child. However, under certain circumstances a parent can be denied child visitation or child custody in the case of sole physical custody. Child visitation is often associated with the term �parenting plan,� which typically outlines the type of legal custody and physical custody of each parent and can also define when the child is to visit or be with the non-custodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can decide on this matter, which is often the worst case scenario.
Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out of court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not require anymore matters to be brought to the court even if the child is very young. A decade ago, the family courts would often give infant visitation guidelines preventing the non-custodial parent from spending a lot of time with his/her child. Such provisions are not valid anymore, but rather frequent and continuous contact with both parents is encouraged. Off court agreements does not necessarily need to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.
Now, what if the parents are not able to reach an agreement on child visitation or child custody? Both parents will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Typically, the two parents will be assisted to work out a parenting plan by a third-party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions resulting in a parenting plan agreement, which can then be presented as a stipulation ad then as a court order.
Generally, the worst case is when mediation fails. In this situation, the next step is typically for a court hearing in order to solve the issues. Judges nowadays often require custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Licensed social workers can also be called to present evidence for consideration by the court. Once all pieces of evidence have been presented, the court will typically make its decision. This is the worst case child custody and child visitation dispute method because it can be very complex, expensive, and long-draw out. In some highly contested child custody and child visitation cases, child custody and child visitation disputes will eventually result in denying child custody and child visitation rights to one of the parent.
Alaska best Child Custody attorney is a legal term that is often used by the family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
Rights and responsibilities of the parents
The rights and responsibilities of each parent to their minor children includes decisions regarding the raising and general welfare of the children on issues such as the children�s education, medial care, dental care, and religion. Such rights and responsibilities are commonly referred to as legal custody of the children.
Residency or placement of the children
The residency or placement of children refer to where the children will live and spend majority of his/her time. Often times a child will live with one parent more than the other parent and the parent that the child lives with the most will typically be responsible for the day-to-day care of the child. In some cases, the child will live equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child. The residency or placement of child and day-to-day care of the child are commonly referred to as physical custody of the children.
Relationship and/or amount of contact the children have with each parent
In the case where the child resides or lives primarily with one parent, the time spent with the other parent is often referred to as visitation. The parent that the child lives with more is often referred to as the custodial parent and the parent with visitation is referred to as the noncustodial parent. In such cases, the noncustodial parent will typically have a visitation schedule that describes his/her contact with the children. The visitation schedule is sometimes referred to as a parenting arrangement.
When divorced parents are unable to agree on the rights and responsibilities of the parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
Alaska best Child Custody attorney
The National Organization for Women is holding its annual national
conference--"Fast Forward: Women Take Charge"--on July 13-15. One of NOW's main complaints is the alleged mistreatment of women in family court.
One of their presentations--conducted by Renee Beeker, President of Michigan NOW, and Vickie Masotti, is titled "Women Victimized in Family Courts: How to Make the System Accountable." NOW writes:
"Many feminists believe that the family courts are in crisis, as the number of women losing custody of minor children to documented batterers and sexual abusers mounts. One woman whose family has suffered as a result of aggressive courtroom tactics by so-called fathers' rights activists and biased court personnel will tell her story. In addition, there will be a review of data from a national survey of court watches conducted by the chair of the NOW Family Law Ad Hoc Committee. This information is intended to hold the family courts accountable and to enable activists to effectively aid women and children victimized by an unfair system."
The "woman losing custody to abusive ex-husband" script is one of NOW's bugaboos. I've looked into the three most highly-publicized cases featured by NOW and their colleagues with the Battered Mothers Custody Conference--the Genia Shockome case, the Sadia Loeliger case, and the Bridget Marks case. In each case, we were told that a fit, loving, protective mother was stripped of custody by an abusive father.
When I first started looking into these cases, I figured there probably were some where the mothers really were mistreated. I still think those cases are out there, but I haven't found them yet. Neither the Shockome case, the Loeliger case, nor the Marks case fit the NOW/BMCC "protective mother losing custody to abusive father" model. None even came close.
In the Loeliger case, it was the mother who had been found culpable of child abuse by a Alaska juvenile court. The father got custody not due to family court machinations, as the mother's supporters claimed, but because the juvenile court removed the little girl from the mother's care because of the physical abuse.
In the Marks case, all five judges who heard the case, male and female, concluded that she had coached her little girls into asserting that they had been molested by their father.
In the Shockome case, the mother's absolute refusal to co-parent with her ex-husband led the courts--eventually, after giving her many chances--to transfer custody of the kids from Genia to her ex-husband.
I explained all of these cases in more detail in my co-authored column Shockome Syndrome.
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