Legal Question in Family Law in Alaska

can i take my kids

I have two boys in alaska, i now live in Maine. The father of the boys is in prison, i got married and am in the process of getting established in Maine, with a job and home. The boys father's aunt has been caring for the boys for the last couple of months, with the understanding that i would come back to get them. Now she tells me if i try to take the boys i will be arrested. I have never been in trouble with the law, and want my children. Can i take them. There father will be in jail for another year, I don't want to wait that long, i don't want to be away from my kids that long. Please help!My new husband has a good job and can provide insurance, and has never been in trouble with the law either.


Asked on 10/15/06, 10:58 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: can i take my kids

Whether or not you can take your children depends on whether or not there is an Order in effect with respect to you and your ex and the children. If there is an Order, that order will control. If there is no order and the children's father is incarcerated for a length of time, unless the aunt has some order of her own, as the children's natural parent, you probably have the right to take physical custody of the boys.

If there is an Order, you will want to modify it now that you will be residing in Maine, and if there is not, you'll want to get an Order so that there will never be any questions regarding the custody of the children in the future.

If you would like to discuss the matter in more detail, please feel free to contact me.

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Answered on 10/18/06, 4:54 pm


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