Legal Question in Family Law in Alaska

This year my ex husband moved out of state and was granted custody of our 6 year old son. I was given 50/50 legal custody and visitation including the entire summer. The day after I emailed him the dates I would be coming to pick up my son I got an email from his attorney and a mental evaluation from a clinic saying it would not be in my sons best interest to go for summer visitation due to behavioral problems (they are trying to pin on me.) The attorney said he will be filing an expedited order to cancel summer visitation. I am supposed to fly down and pick up my son in a month. If the order hasn't gone through can I still take him for visitation? If they don't allow me to see him will there be any repercussions for them?


Asked on 5/09/11, 12:28 pm

1 Answer from Attorneys
Terrence Thorgaard Thorgaard Law Firm

It is not clear what the state is, in which your ex husband's is filing this motion. You posted this question as one involving Alaska law, but you said you will be "flying down" to pick up your son, which suggests to me that the forum is outside of Alaska.

At any rate, yes, if the order has not been entered at the time you arrive to pick up your son, you would be entitled to begin your visitation. And if your husband won't let you do so, you can ask that the court hold him in contempt of court.

If you would like to give me more specific information, I would be happy to look at your case and see what other options you might have.

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Answered on 5/09/11, 1:16 pm


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