Legal Question in Family Law in Alaska

Life Insurance on minor child by non-custodial parent

I have sole custody of my 1 year old son. His father has visitation rights, but has not seen him since he was 3 months old. (He says he doesn't want to see him.) Anyway, my son's father has taken out a life insurance policy on my son with the father listed as the beneficiary. Can he do this, even though he does not have custody? Also, 3 weeks ago he contacted me and asked if I would agree to termintate his parental rights, so that he would not have to pay child support or keep health insurance in my son. Can he do this without me agreeing to it?


Asked on 4/09/98, 1:39 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Father should not have sired child!

(1) Yes he can and did take out an insurance policy. (2) He's obviously not bright. He doesn't need your permission NOT to visit. The court is not going to force him to see the child. The court would only be in the position to make you produce the child so he could visit the child.So don't sign anything like that for him. (3) Child support. The court will order him to pay child support in accordance with child-support guidelines.You as a parent can not bargain away your child's right to child support from his father. You do not have STANDING -- a legal term -- to do so. (4) Health insurance. The court will also order him to keep health insurance on the child. Again, you have no STANDING to bargain away the rights of your child.Please note that I have said all of the above assuming he is employed. Many courts would make him pay a minimum child-support payment even if he is not employed.I also do not know whether you have hauled on intend to haul him into court for support or health insurance. If you haven't, you might reconsider your position. I also do not know YOUR financial position. Child support factors in your income as well as his. The STANDING issue, though, hasnothing at all to do with income. Rich or poor, you simply have no right to bargain or give away something that belongs to your child. You can always bank any moneys you receive from the father and save it for the child. Good luck!

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Answered on 4/21/98, 3:45 am
Alan Pransky Law Office of Alan J. Pransky

Father can buy insurance

A father has the right to take out a life insurance policy on his child. Custody is notrelevant to the issuance of a policy. You can not terminate his parental rights withouta court order. If you want to continue to get money and insurance from him, then youshould oppose any termination of his parental rights.

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Answered on 4/22/98, 6:19 am


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