Family Law / Domestic Relations

There are several factors the Court will consider when dividing your assets and debts in divorce, and even in termination of a domestic partnership, in order to effectuate an equitable division of your marital estate. Consideration may be given to the parties’ age, health, work history, and so on. Please note – equitable and equal are not the same – equitable instead means a fair balancing, based on any number of what are called “the Merrill Factors,” in Alaska, codified at Alaska Statute § 25.24.160(a)(2).

Child custody is determined based on the best interests of the child.

This means that the court will consider a variety of factors, such as: the child’s age, maturity, and needs; the parents’ ability to care for the child; the child’s relationship with each parent; and, any other relevant factors. These factors are codified at Alaska Statute § 25.24.150.

Child support is a court-ordered payment that one parent makes to the other parent to help with the financial cost of raising their child.

The amount of child support is typically calculated based on a variety of factors, such as the parents’ incomes, the time the child(ren) will spend with each parent, the child(ren)’s needs, and the number of children in the household.

However, there are many different facts that can change the amount you might be due, or be required to pay; support is rarely a straightforward and simple mathematical equation. For a better understanding of these nuances, you might want to review the guidelines for establishing child support which are set forth in Alaska Rule of Civil Procedure 90.3. Of course, should you get whirled around the nuances, we are here to help!

Adoption is the legal process of taking another person’s child into your own family and raising them as your own.

There are several different types of adoption, including private adoption, agency adoption, and stepparent adoption. Varying consents may or may not be required in certain cases, and in some, they may not – we can help you navigate what specific pleadings will be necessary for you to file a petition for adoption, or perhaps even contest one.

Guardianship is a legal arrangement in which a person is appointed to care for a child, and in some cases for an adult. This could be due to the person’s age, disability, or other circumstances. There are many resources available for potential guardians that can be viewed here.

Establishing paternity means legally determining the father of a child. Once established, the father’s name can be placed on the child’s birth certificate and he has legal responsibility for the child. Disestablishing paternity is legally un-naming a man as the child’s father.

You might be asking why would one need to disestablish paternity, and there are multiple reasons, but the most frequent is this: If a couple is married, Alaska law requires that the husband’s name be entered on the birth certificate as the child’s father if the mother was married at conception, during the pregnancy or at the time of the child’s birth. We all know, that infidelity happens, whether during the marriage or even after separation, but still legally “married.” In these situations, the correct father can be listed on the birth certificate if:

• the mother, the mother’s husband and the man who is the father sign a three-way affidavit of paternity stating that the husband is not the father and the other man is the father and provide it to the Bureau of Vital Statistics; or,
• a court case disestablishes the husband as the child’s father and establishes the correct father.

Establishing paternity can make a big difference in a child’s health, financial outlook and even their sense of identity.

• Health: A child needs to know if he or she has inherited any health problems. This question can be answered only if the medical history of both parents is available. Also, it’s often possible to obtain medical insurance for the child through the father’s employer, union or military service or the Indian Health Service if the father is Alaska Native or American Indian.
• Financial Benefits: A child has the right to financial benefits from both parents. These could include inheritance rights, Social Security, disability or veteran’s benefits, Native corporation dividends, and other types of assistance. Unless paternity has been legally established, a child may not be able to claim these benefits.
• Identity: It is important to a child’s sense of self and security to know who their father is. Not knowing who their father is can make growing up even harder for many children.
• Support: Both parents are required by law to support their child.

Paternity can be established, or disestablished, through a variety of methods, including voluntary acknowledgment, genetic testing, and court proceedings.

Prenuptial agreements are contracts that are entered into by couples before they get married. They can be used to address a variety of issues, such as property division, spousal support, and premarital debts. Whether you think you may need a prenuptial agreement, or are being asked to sign one, we highly recommend consulting with an attorney before doing so. They are complicated instruments, which can be interpreted in a number of ways by the Court if/when one spouse seeks enforcement of it.

Domestic violence is any form of violence or abuse that occurs within a family or household. It can include physical violence, sexual assault, emotional abuse, and psychological abuse.

More information may be found on the Alaska Court System’s website, including forms, resources for victims, and other helpful reference materials, including a Step-by-Step guide on the process of obtaining a Domestic Violence Protective Order.

It is always advisable to consult with a lawyer if you are involved in a family law matter. An experienced family law attorney can help you understand your rights and options, protect your interests, and navigate the legal process.

Please note that this is not legal advice. If you have specific questions about your family law matter, you should consult with an attorney.