Juneau, AK asked in Divorce, Family Law and Child Custody for Alaska

Q: My son's soon to be ex wife will not allow him to see or talk to his children.

He is working on starting divorce proceedings but has not seen his children since his soon to be ex-wife kicked him out of their home three weeks ago in the middle of the night. Their children went to bed and dad lived in the home, the next morning dad did not. Up until this happened he was responsible for getting them ready for school, dinner, bath time, bed time, reading homework and most of their emotional support. There is no custody order yet. Is there anything he can do to be able to see his children until there's a custody order in place? He wants to share 50/50 custody and the children live with him alternating weeks.

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

A: First try to use persuasion. Let the wife know that divorce paperwork will be filed very soon. Let her know the court will be looking at each parent's behavior, and her denying contact with the children might reflect very poorly on her. Encourage her to talk to an attorney, who will hopefully convince her she needs work out a reasonable custody schedule with your son.

If that doesn't work, get the Divorce Complaint filled as soon as possible, get her served as soon as possible, and file a Motion for Interim Custody Order, together with a Motion for Expedited Consideration. That may take some time, but you'll eventually get a temporary order to govern custody pending the final resolution of the Divorce.

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.