Legal Question in Family Law in Alaska
I have filed a superior court custody case in Alaska. I am Alaska Native. My mother is non-native. My ex-husband is non-native. My ex-husband and I are on the same side. My mother is claiming a resolution of adoption issued by my tribe terminated our parental rights. We had no knowledge of the resolution till 4 year after it was issued. We never spoke to the tribe til after we found out about the resolution. We have been involved in our son's life his entire life. The court has been unwilling to do anything. What do I do? The judge has not scheduled any hearings or set for trial. It has been almost 10 months since the case was filed. How do I proceed?
1 Answer from Attorneys
I see two related issues here:
1. You want to get the state court case moving. Have all defendants answered your complaint? If so, you need to possibly request a hearing and move to set case for trial or a pretrial order.
2. As far as the resolution of adoption, you need to investigate the tribal proceeding to determine whether you were denied procedural due process. Have you looked into whether it was alleged that you were given notice of the proceeding? If the notice was deficient you should consider moving to set the resolution aside.
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