Asked in Family Law for Alaska

Q: My daughter is visiting me in alaska from California, she is 6 and complains that her older cousin is touching her

The mother moved to New York and wants are daughter to live withher ant the cousins mother I don't want to send her back , what can I do ?

Related Topics:
3 Lawyer Answers
Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Anchorage, AK
  • Licensed in Alaska

A: You should report what the child told you to the state child protective services agency in New York. The agency should investigate and might obtain a custody order if they find that the mother will not be protective. The agency would then be in control, and they might place the child with you, or they might find a foster family closer to home. If you don't want an agency running the show, you could also file a third-party custody case in New York, but you'd have to consult with a New York attorney to determine if that would be recommended. It's probably not the sort of thing you could do without legal representation.

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Anchorage, AK
  • Licensed in Alaska

A: Note that in Alaska such investigations are handled by the state, but in New York it might be a county or even municipal agency that has responsibility. If you can't find the agency easily, the local police department would probably be able to advise you who to call. They may also be responsible for the initial investigation.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Alaska

A: This seems to be a 3-state matter. As I read the question, the mother and the child lived in California, the child is visiting the father (who is asking this question) in Alaska, and the mother (as well as the cousin and the cousin's mother) are moving to New York.

If this is so, the California court would be the only one which presently has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (law in all three states). If there is a California court order giving the mother primary physical custody with visitation to the father, California jurisdiction doesn't change unless both parents have moved from there. If there is no custody order, the father would be within his rights to refuse to return the child and, when the child has been in Alaska for six months, the Alaska courts would have jurisdiction.

Or, if the father does return the child to the mother in New York, the courts there will have jurisdiction when the child has been in that state for six months. At present, assuming the child has not been in Alaska for six months, California is the only state the courts of which have custody jurisdiction.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.