Legal Question in Family Law in Alaska

My husband and I live in AK and his daughter lives in CO with her mother. My husband and his ex were never married. His ex keeps flopping back and forth with making an agreement my husband then changing her mind. She even told him that if we want to see his daughter we have to sign something stating when we will pick her up and drop her back off with her mother. Can she do that even though nothing has been issued by the court saying that she has primary custody? What can we do so we have visitation rights to her or joint custody?


Asked on 5/10/11, 8:22 am

1 Answer from Attorneys
Terrence Thorgaard Thorgaard Law Firm

Yes, the child's mother can condition visitation upon your signing an agreement regarding travel arrangements. However it is doubtful what legal validity such an agreement would have. Is your husband named on the child's birth certificate? If so, he and the mother technically have equal rights regarding their daughter, but for him to enforce his rights requires a court order. Is he paying child support? Although child support and visitation are not linked (one doesn't depend upon the other), any court order would probably include both.

To get visitation rights and possibly joint custody, your husband would need to petiton the court for a custody, visitation, and support order. This would probably have to be done in Colorado, if I assume correctly the daughter has never been in Alaska.

You, as step-parent, are not likely to acquire any rights with respect to the child.

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Answered on 5/10/11, 10:50 am


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