Information on Grandparent Rights in Alaska
by: Alaska Legal Services Corporation
Information on Grandparent Visitation
A state law says grandparents may ask the court for an order that gives them reasonable rights to visit grandchildren. Under the law, this is possible if the visitation with the grandparent is in the child's best interest and either the grandparent has ongoing contact with the child or has tried to have ongoing contact with the child. You should read the principal law on grandparent's visitation rights to determine if the law applies to you and for more information. However, there is a U.S. Supreme Court decision that says courts may not order grandparent visitation over a parent's objection in certain circumstances, and it is possible that a petition allowable under our state law would not be allowable under this U.S. Supreme Court decision.For example, the part of our state law that allows a grandparent to petition even though the grandparent does not now have an ongoing relationship with the grandchild might not be constitutional, and there may be other constitutional problems with our statute.There are no court forms to request grandparent visitation. You should consult with an attorney to decide whether to petition the court to establish grandparent's visitation rights. You can call the Family Law Self-Help Center telephone helpline and the staff may be able to help you depending on the specifics of your situation.
Information on Grandparent Custody
There is no law that specifically addresses a grandparent's right to file for custody of a grandchild. If you are interested in filing for custody of your grandchild, you should consult with an attorney to understand what is involved in this type of case. It is probable that a grandparent could not get custody of a grandchild from a parent unless the grandchild's living with the parent would clearly be detrimental to the grandchild, and parents or "Indian custodians" of Alaska Native children may have custody rights against grandparents that are even stronger still.You can call the Family Law Self-Help Center telephone helpline and the staff may be able to help you depending on the specifics of your situation..
Last Reviewed On: 02/19/04
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