Anchorage, AK asked in Family Law and Child Custody for Alaska

Q: How do I get custody of my daughter if I know she's in an unsafe environment with her mother?

My ex has a drug problem and has been in and out of rehab multiple times. She has lost her government assistance and has no job to my knowledge. My 2 year daughter is picking up bad habits because my ex smokes weed, cigarettes, and possible other substances in front of her. My ex also has threatened my family multiple times if I try to obtain custody. My daughter doesn't like being with her mother. Every time I take her back she kicks, screams, and cries saying she doesn't want to be with her and that she stinks. What actions do I take to get full custody?

Related Topics:
1 Lawyer Answer

A: If you already have a custody order, file a Motion to Modify Custody. If you don't have a custody order yet, file a Complaint for Custody. The court system has forms online for this purpose. DR-411 is the Complaint, and DR-700 is the Motion to Modify.

It wouldn't hurt to talk to a lawyer first so you know how to approach it, and so you can decide whether to manage the case yourself, or hire a lawyer to manage it for you. Getting full custody is not easy. The courts favor sharing. If there's really a safety threat, just be sure you can document it so it's not a he-said/she-said thing.

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.