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    jludwig's Avatar
    jludwig Posts: 2, Reputation: 1
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    #1

    Aug 28, 2008, 02:21 PM
    Dads going to Jail, mother lives in another state.what about the children
    Hi I live in Alaska and Im trying to figure out the laws of child custody for my brother in law. He has 3 children aged 12, 14, 15. He has taken care of these children all there lives as a single dad. There is no court order for child custody. There mother just gave up and really hasn't had anything to do with them ever. She calls once in awhile to talk with them however, when she does call the children cry or become confused because she tells them weird things like the youngest on isn't even my brother in laws etc. She is suppose to pay child support but won't get a job to do so as she abuses drugs and is well, an unfit mother. My brother in law made a bad choise by drinking and driving and now he is looking at 8 months jail time. Alaska laws are harsh on this for a good reason. He has a live in girlfriend/fiance' whom is willing to care for these children while he is away however, we are concerned that there mother whom lives in another state (Oregon) may decided to come to Alaska and take the children. They do not want to go live with there mom, they barely know her. We have tried to get him to sign paperwork so his girlfriend or my husband (his brother) can have temporary custody. All I know is those children are better off here with us and the girlfriend then down in Oregon with a bad mother. Are the children old enough to make this decision? Should we really worry, because of jurisdiction? There is so much going on and I am trying to get as much awnsers as possible. Thank you
    startover22's Avatar
    startover22 Posts: 2,758, Reputation: 363
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    #2

    Aug 28, 2008, 02:36 PM
    The only way you could be safe from the children going to the "real" mother is if you have her sign over her rights. Or you can show that she is an unfit mother. As this is a sore subject, having her sign over rights or her not getting any rights, the girlfriend is still not guaranteed a spot on the list of people the kids should be with. Have you thought about keeping quiet until she says anything, letting the kids reside with the Girlfriend until you need to make a move? I am not sure that is the way to go, but if I were in your shoes, that is exactly what I would do. I would just go about my business until someone stirred the pot! Good luck!
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
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    #3

    Aug 28, 2008, 02:41 PM
    I don't know Alaska law but I would have thought that the courts would have made a determination regarding the children. They would not take a sole supporting parent into custody or jail and leav the kinds on the street. Did they not make the children wards of the court?
    0rphan's Avatar
    0rphan Posts: 1,282, Reputation: 240
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    #4

    Aug 28, 2008, 02:42 PM
    I don't think there is a legal age concerning choice of parent,it's more down to whether the parent is a fit mother or father and is capable of caring for the child 24/7.the mother quite obviously isn't.

    To be on the safe side you could seek legal advise,get it sorted out once and for all, or you could just carry on as usual and hope no one causes trouble.

    Is there a chance that a prison scentence may not happen ? The fact that he has 3 children to care for could someone speak up in their favor, it may do some good, it's worth a shot.

    Maybe the fiancée could be made temporary guardian for the children in the father absence.

    There are quite a lot of if's and maybe's here, so I think for peace of mind you really need some legal advice, just to be sure you know exactly where you stand

    Goodluck
    startover22's Avatar
    startover22 Posts: 2,758, Reputation: 363
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    #5

    Aug 28, 2008, 02:45 PM
    I really think the best thing to do would be get a lawyer. Those kids will be able to speak (in most cases) in court when the time comes. I really doubt they will move children that age to Oregon just to be with a drug abused mother, if they do then a lawyer will help you fight that!
    jludwig's Avatar
    jludwig Posts: 2, Reputation: 1
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    #6

    Aug 28, 2008, 02:56 PM
    Quote Originally Posted by ballengerb1
    I don't know Alaska law but I would have thought that the courts would have made a determination regarding the children. They would not take a sole supporting parent into custody or jail and leav the kinds on the street. Did they not make the children wards of the court?
    Exactly what I was thinking. I keep wondering that. My brother in law is a quiet man tries to keep his things under wrap, I don't even know if the courts know he has 3 children. Ok well I am going to go ask questions and find this out. Thank you
    startover22's Avatar
    startover22 Posts: 2,758, Reputation: 363
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    #7

    Aug 28, 2008, 02:57 PM
    The more you know the more we can help. ;)
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
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    #8

    Aug 28, 2008, 03:03 PM
    Who defended him, ask that person.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Aug 28, 2008, 03:26 PM
    The issue here is, it sounds if you stated the entire story, that there was never a custody order in place, so he and she are still on the birth certficiate. *** but at the child support hearing, custody was not granted?

    But if there is no custody order, yes she can go to the door, and demand the children if he is in jail. Nothing short of a court order can stop that.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #10

    Aug 28, 2008, 04:50 PM
    He needs to do something now before he is incarcerated. He can have an attorney draw up guardianship paperwork for his g/f to be their guardian while he's in jail to keep the children in Alaska in their home.

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