Legal Question in Family Law in Alaska
My boyfriend and I have a 8 mo. old son and another child on the way. Before my first son was born we had a domestic dispute which I was arrested for and charged with DV. Now, we have been talking about splitting up and he threatens that he'll take me to court and he will get custody of our son. He wasn't there when he was born and therefore is not on the birth certificate and has no other legal ties to him. Where do I stand as far as custody of my son? Would he be taken away from me if we went to court? He also threatens that he would get him because he's gone through a custody battle before and has 50% custody of his first son.
1 Answer from Attorneys
You really haven't given enough information for anyone to tell you with any accuracy which of you is likely to be awarded primary physical custody. The fact that he has 50% physical custody of your child's step-sibling has little or no bearing on the issue, especially since your son is not old enough to have formed much of a bond with the other child.