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Mother's rights in the state of Alaska.

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malaina07

Junior Member
What is the name of your state (only U.S. law)? Alaska

I live in interior Alaska and my boyfriend and I have been having some problems following the birth of my daughter who is now three months old. I was just wondering if you all could explain to me the rights I have as my baby's biological mother.

We have been fighting a lot because of our current living situation. We were forced to move back in with my mother as her caregiver (my sister) abandoned her. My mother is blind and crippled and a very high fall risk so she needs to have someone here to care for her- and that someone has to be me for the time being. It has been a very difficult situation and it seems to be taking its toll on all of us.

My boyfriend (we were planning on getting married eventually) has been very frustrated and has constantly been expressing to me that I just "packed up the baby and left" his house- when we discussed it and he decided to move with me into my mother's home. He is upset because I "took his daughter away from him" when he was welcomed to come with me into my mother's house as well.

My daughter is breast-fed- because breastfeeding is the best source of nutrition for a baby of her age. Now his mother is also getting involved in this whole situation.

My boyfriend is still living with my mother and I as of now- inspite of the frequent arguing.

His mother told me today that she needs to spend more time with my daughter than three hours a week and insisted that I send her with her father to visit her at her house while I stay at my mother's house and care for her. I don't understand why it's crucial for her to spend more than three hours a week with my daughter or why it's worth my breasts getting painfully engorged plus the anxiety I have whenever I am not around my baby- plus the detriment of her having to be fed formula while at her grandmother's house. Note: my mother can't get into my boyfriend's mother's house because it is not handicapped accessible and his mother doesn't want to come out to my mother's house very often because it's a long drive from where she lives). My daughter's father constantly reminds me that his mother has "legal rights" to visit with her granddaughter- that he looked it up online and I'm not sure exactly what sort of rights those are. She is not my daughter's biological grandmother because my boyfriend is adopted.

He has threatened to take my daughter away from me a couple of times before while we were fighting and has then apologized to me afterwards saying that he didn't mean it. He has filled me with anxiety- I constantly am afraid he might try to kidnap her and I may never see her again or that I will have to take him to court if we ever get to the point where we can't get along anymore...

We are not married but we are currently co-habitating- we have been for over a year. We are both my daughter's biological parents.

Question 1) Can he legally take my daughter away from me without my consent for a specific or nonspecific amount of time?

Question 2) Can his mother legally demand to spend more than three hours a week with my daughter?

Question 3) What are my rights as her mother and what are his rights as her father?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Alaska

I live in interior Alaska and my boyfriend and I have been having some problems following the birth of my daughter who is now three months old. I was just wondering if you all could explain to me the rights I have as my baby's biological mother.

We have been fighting a lot because of our current living situation. We were forced to move back in with my mother as her caregiver (my sister) abandoned her. My mother is blind and crippled and a very high fall risk so she needs to have someone here to care for her- and that someone has to be me for the time being. It has been a very difficult situation and it seems to be taking its toll on all of us.

My boyfriend (we were planning on getting married eventually) has been very frustrated and has constantly been expressing to me that I just "packed up the baby and left" his house- when we discussed it and he decided to move with me into my mother's home. He is upset because I "took his daughter away from him" when he was welcomed to come with me into my mother's house as well.

My daughter is breast-fed- because breastfeeding is the best source of nutrition for a baby of her age. Now his mother is also getting involved in this whole situation.

My boyfriend is still living with my mother and I as of now- inspite of the frequent arguing.

His mother told me today that she needs to spend more time with my daughter than three hours a week and insisted that I send her with her father to visit her at her house while I stay at my mother's house and care for her. I don't understand why it's crucial for her to spend more than three hours a week with my daughter or why it's worth my breasts getting painfully engorged plus the anxiety I have whenever I am not around my baby- plus the detriment of her having to be fed formula while at her grandmother's house. Note: my mother can't get into my boyfriend's mother's house because it is not handicapped accessible and his mother doesn't want to come out to my mother's house very often because it's a long drive from where she lives). My daughter's father constantly reminds me that his mother has "legal rights" to visit with her granddaughter- that he looked it up online and I'm not sure exactly what sort of rights those are. She is not my daughter's biological grandmother because my boyfriend is adopted.

He has threatened to take my daughter away from me a couple of times before while we were fighting and has then apologized to me afterwards saying that he didn't mean it. He has filled me with anxiety- I constantly am afraid he might try to kidnap her and I may never see her again or that I will have to take him to court if we ever get to the point where we can't get along anymore...

We are not married but we are currently co-habitating- we have been for over a year. We are both my daughter's biological parents.

Question 1) Can he legally take my daughter away from me without my consent for a specific or nonspecific amount of time?
Not without a court order, no.

Question 2) Can his mother legally demand to spend more than three hours a week with my daughter?
She can demand all she wants, but she is absolutely not entitled to anything at all.

Question 3) What are my rights as her mother and what are his rights as her father?

Generally you'd be considered the only legal custodian. If you and Dad want to set up court ordered custody, visitation and child support, I strongly suggest you get on that now.

Start here: http://courts.alaska.gov/shccustody.htm
 

I'mTheFather

Senior Member
What is the name of your state (only U.S. law)? Alaska

I live in interior Alaska and my boyfriend and I have been having some problems following the birth of my daughter who is now three months old. I was just wondering if you all could explain to me the rights I have as my baby's biological mother.

We have been fighting a lot because of our current living situation. We were forced to move back in with my mother as her caregiver (my sister) abandoned her. My mother is blind and crippled and a very high fall risk so she needs to have someone here to care for her- and that someone has to be me for the time being. It has been a very difficult situation and it seems to be taking its toll on all of us.

My boyfriend (we were planning on getting married eventually) has been very frustrated and has constantly been expressing to me that I just "packed up the baby and left" his house- when we discussed it and he decided to move with me into my mother's home. He is upset because I "took his daughter away from him" when he was welcomed to come with me into my mother's house as well.

My daughter is breast-fed- because breastfeeding is the best source of nutrition for a baby of her age. Now his mother is also getting involved in this whole situation.

My boyfriend is still living with my mother and I as of now- inspite of the frequent arguing.

His mother told me today that she needs to spend more time with my daughter than three hours a week and insisted that I send her with her father to visit her at her house while I stay at my mother's house and care for her. I don't understand why it's crucial for her to spend more than three hours a week with my daughter or why it's worth my breasts getting painfully engorged plus the anxiety I have whenever I am not around my baby- plus the detriment of her having to be fed formula while at her grandmother's house. Note: my mother can't get into my boyfriend's mother's house because it is not handicapped accessible and his mother doesn't want to come out to my mother's house very often because it's a long drive from where she lives). My daughter's father constantly reminds me that his mother has "legal rights" to visit with her granddaughter- that he looked it up online and I'm not sure exactly what sort of rights those are. She is not my daughter's biological grandmother because my boyfriend is adopted.

He has threatened to take my daughter away from me a couple of times before while we were fighting and has then apologized to me afterwards saying that he didn't mean it. He has filled me with anxiety- I constantly am afraid he might try to kidnap her and I may never see her again or that I will have to take him to court if we ever get to the point where we can't get along anymore...

We are not married but we are currently co-habitating- we have been for over a year. We are both my daughter's biological parents.
I feel the need to clear up a few misconceptions.

Your boyfriend's mother is the legal grandmother of his child. Doesn't matter one whit that he's adopted.
There's a nifty gadget called a breast pump that will allow the child to have breast milk while away from you, and will prevent those painful breasts.
Get over that anxiety of being away from the baby. If you and your boyfriend split up, he will get visitation when he files in court.

Question 1) Can he legally take my daughter away from me without my consent for a specific or nonspecific amount of time?
Since you're living together, I doubt the police would get involved. So, yeah.
Question 2) Can his mother legally demand to spend more than three hours a week with my daughter?
No
Question 3) What are my rights as her mother and what are his rights as her father?
To love and care for her.
 

malaina07

Junior Member
Generally you'd be considered the only legal custodian. If you and Dad want to set up court ordered custody, visitation and child support, I strongly suggest you get on that now.
I read him your response and his response was, "I know that for a fact is not true."

Are you a lawyer? I'm just curious.
 

I'mTheFather

Senior Member
I read him your response and his response was, "I know that for a fact is not true."

Are you a lawyer? I'm just curious.
She is apparently closer to being a lawyer than your boyfriend. Have him find the state statute that says Proserpina is wrong.
Here's a head-start:

http://www.legis.state.ak.us/basis/folio.asp
 
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Proserpina

Senior Member
I read him your response and his response was, "I know that for a fact is not true."

Are you a lawyer? I'm just curious.

I'd be excited to be outright wrong - I'm one of those people who actually admits when she's messed up.

So please, make me happy? I'm willing to learn!
 

Proserpina

Senior Member
Thanks guys. I trust your judgement... I don't know where he's getting his information from...

The last thing the respondents here want is for a poster to be sidelined because someone gave them the wrong info - and there is no sarcasm or snark in that sentence.

You're absolutely right to ask the question...and if he's telling the truth he'll be able to show you, yes?

You wouldn't be the first person to be completely (and often deliberately) misled by someone they trust :(
 

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