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

Q: My ex girlfriend and i have 2 children together.there is no legal custody agreement.i have always had them on the weeken

Weekends holidays and most of the summer.the kids want to be with me more but when i go to pick them up there mother locks the door and wont let them out of her house is that legal?also what can i do about it and what are my rights as a father

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

A: Your rights are exactly the same as the mother's. However, there's nothing to spell out what that means. If the two of you don't agree how to manage in that completely undefined environment, then either of you can file a Complaint for Custody with the court. Ideally you would then negotiate an agreement between you and ask the court to make it an order. If you can't agree, then you each present your reasons to the court and the judge decides. Generally, the court's try hard to stick with shared custody, varying between 70/30 and 50/50 time with each parent. Generally both parents share legal custody, meaning both of you will still have the right to sign school and medical paperwork, etc.

The court's website has forms to help you do all this yourself, and the court's family law self-help center can help you understand how the process works (though they can't give legal advice).

Note that the court system has currently shut down for all but emergency hearings. You can still file your paperwork, but don't expect to get a court order before early summer.

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