Legal Question in Family Law in Alaska

My daughter is in a custody case with the man that raped her. The child was conceived in rape. The current law in my state allows this. I have proposed a bill and a senator has agreed to sponsor it. The custody trial is in July, but the bill won't pass until next year, if it's successful. My question is, if this new law I'm proposing, terminates his parental rights, can I use the word "retroactive"in the bill, and would this trump any custody judgement made in July?

Asked on 4/29/14, 5:54 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

That's a very good question. It's arguable that retroactive effect would be prohibited by the constitutional restrictions on ex post facto laws. However I did notice an exception (today, by coincidence) having to do with laws requiring registration of sexual offenders. It may be that such an exception, or one like it, might apply.

Do you have an attorney representing you in the custody case? I would offer to perhaps represent you, but unfortunately I am not in Alaska at the present time, and don't expect to be there this summer either. If the bill does pass, and you want to know the effect that might have on the custody judgment, please contact me and I may want to do the research for you, and perhaps prepare a motion to modify the judgment.

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Answered on 5/01/14, 5:19 pm

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