Anchorage, AK asked in Child Custody, Civil Rights and Domestic Violence for Alaska

Q: If i taken care of my children all the years and father tries to take them away is it possible he can take them?

And he has been on child support for years and has never been present ever not even a birthday or holiday and barely any phone calls made. Is it possible he can take them away from me?

1 Lawyer Answer
Stefan Otterson
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  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: If you have a custody order, then his rights are defined by that. If you have never gotten a custody order from the court, then you both have equal rights. In that case, you should file a Custody Complaint in court, and get the court to determine what is appropriate. If the father has not had enough contact to have a relationship with the child, there's a good chance you would get primary custody, and you could ask that his visitation would be structured to gradually increase IF he shows his ability to visit consistently. You can use the court's Family Law Self-Help Center online to find out how to start a custody case. If you think he'll object to what you propose, you should consult with a lawyer to determine how to best present your case. Many lawyers are now willing to give advice and guidance without taking on full responsibility for the case (which can be expensive). Look for someone who offers "unbundled" services, or call the bar association and ask for a referral to one of those lawyers.

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