Full question:
I live in Alaska. The court awarded the custody of my 5-year-old child to my wife and gave visitation rights to me. I want to know what I can do if my wife did not allow me to see the child?
- Category: Divorce
- Subcategory: Visitation
- Date:
- State: Alaska
Answer:
A custodial parent of a minor child must permit the other parent, who was granted visitation rights by court order, to have visitation with the child. A parent who is denied court ordered visitation by the custodial parent may file a separate suit against the custodial parent for damages. So, if visitation has been denied you may move for damages against your wife.Action for failure to permit visitation with minor child is envisaged in Alaska Stat. § 25.20.140. It reads as:
“(a) When a court order is specific as to when a custodian of a minor child must permit another person to have visitation with that child, and the custodian fails, wilfully and without just excuse, to permit visitation with the child in substantial conformance with the court order, the person entitled to visitation has a separate cause of action against the custodian for damages.
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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
