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Questions Answered by Stefan Otterson
1 Answer | Asked in Family Law for Alaska on
Q: My granddaughter was taking from my daughter by OCS can I get her back
Stefan Otterson
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Stefan Otterson
answered on Nov 29, 2018

There's not enough information in your question to say more than "maybe," but that's usually the answer anyway. There is a possibility that your daughter could get the child returned to her if she agrees to a safety plan and follows through. Even if OCS keeps custody, they... Read more »

1 Answer | Asked in Civil Litigation and Child Custody for Alaska on
Q: My ex and me hav 2 kids 9 months and a 2 year old. I’m planning to leave state he won’t allow me no and he agreed before

We have no custody agreement and have never been to court what will happen if I live with him saying I can’t? I have the children 95% of the time.

Stefan Otterson
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Stefan Otterson
answered on Nov 19, 2018

There's nothing to stop you from leaving. Both of you have equal rights, so there's nothing stopping him from leaving with the kids either. If you leave without working it out with him first, he can file for a custody order and ask the court to order the kids returned to Alaska.... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: How can we move out of state with a 50/50 custody plan? I am the mother with a significant other. I have no family here.

We are seeking help in trying to figure out how we can leave state with a 50/50 custody agreement. There are three children involved. Thier father has his immediate and extended family all reside in Alaska and all three children were born here. I have no family here and limited opportunity to... Read more »

Stefan Otterson
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Stefan Otterson
answered on Sep 25, 2018

When you say we, I assume you mean you want to take the children with you, but the father would stay here. Unless you have an unusual custody schedule, you won't be able to follow it after you leave. That means you need either an agreement to change the schedule (and the custody percentage)... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: Ex wife and I share 50/50 custody. She sent the kids out of state without my permission. Is there anything I can do?
Stefan Otterson
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Stefan Otterson
answered on Jul 31, 2018

It depends on whether you're talking about a long-term or short-term trip out of state. If it's long term, then she isn't allowing you to have the children 50% of the time, and you can file a motion to enforce the shared custody. If it's a short term trip during her time, it... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Alaska on
Q: My boyfriend is an addict with a history of domestic violence in previous relationship. Can I take our 2 kids and leave?

I will move 45 miles away to my mothers home. What steps should I take to protect myself and my children and my mother from possible retaliation? I want to know for sure that he can't use my children to manipulate and control me after I get away from him. I'm poor and I have no financial... Read more »

Stefan Otterson
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Stefan Otterson
answered on Jul 8, 2018

If you have no court order governing custody, you can do whatever is reasonable under the circumstances. However the father has equal rights, so you will need to get a court order. If there has been domestic violence, then you should get a restraining order. This is something you can do without... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: What age can a child say they dont want to go over to the other parents house in alaska?

Step son is 14, and does not want to come to our house anymore. His mom is saying since hes 14 he gets to make the choice.

Custody in the court says 50/50 with trade on fridays.

Stefan Otterson
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Stefan Otterson
answered on Jul 8, 2018

A child never gets to make that choice, as it is an adult decision. If the parents don't agree, the court will consider the preference of a sufficiently mature child along with all the other factors. Preference alone is usually not the determinative factor. However from about age 14, the... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: Can I leave Alaska with my 2 month old child if not legally married?

I have a new baby with my boyfriend. The relationship is struggling and he repeatedly has asked me to leave. I don't have anywhere to go. My family is in Texas. I cannot financially provide for my child and need to move home with my family where there will be financial help and my mother... Read more »

Stefan Otterson
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Stefan Otterson
answered on Apr 30, 2018

There is nothing to prevent you from moving, if that's what you need to do. Just do it in a way that respects the father's rights. The best practice is to file a custody case before you go, and get interim approval from the court for your move. If you don't have the resources... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: If my 2 prior children were taken by ocs, and i have another child, will ocs automatically have rights to get involved?

When my children were taken, i was on drugs and missed alot of court. I am since clean and have bought a house. Is having another child an option without having to be scared of ocs getting involved? My mother adopted my 2 kids and will not allow me to see them. Do i have any rights for visitations?

Stefan Otterson
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Stefan Otterson
answered on Apr 17, 2018

First, OCS will only get involved if someone makes a report. If you have normal pre-natal care and are not under the influence of anything when you give birth, the hospital probably won't report. However, if your mother isn't convinced you're clean and sober she could file a... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Alaska on
Q: We signed our daughter over to my mother after ocs battle and my mother won't let us be apart of my daughters life.

Can we get visitations established or does she have the right to basically turn us away. She lied to us and agreed we would be apart of her life but only let's us see her 1 time every 2 months

Stefan Otterson
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Stefan Otterson
answered on Apr 10, 2018

Your rights depend on the paperwork you signed. If you agreed to a guardianship then the visitation provisions in the order can be enforced, or if there are no specifics, then visitation can be reviewed by the court at your request, and visitation provisions can be added. If you signed a... Read more »

1 Answer | Asked in Child Custody and Child Support for Alaska on
Q: Can I request sole custody and not get child support? I don't want any money I can take care of us myself.
Stefan Otterson
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Stefan Otterson
answered on Apr 6, 2018

Whenever the court issues a child custody order, they issue a child support order. That part you can't get around, even by agreement, unless you are in a truly unique situation so that it wouldn't be reasonable to apply the normal rules. Just being able to take care of things... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: My sons father got custody of him when we had lived in Pennsylvania 6 years ago, they now reside in Florida and I Alaska

Where would i file to have the custody change so that I can try for 50/50 custody?

Stefan Otterson
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Stefan Otterson
answered on Mar 30, 2018

If your son has been living in Florida no one lives in Pennsylvania anymore, then you'd need to file in Florida.

1 Answer | Asked in Family Law for Alaska on
Q: Can the grandparent of minor child move out of state w/ child if the parent signed delegation of parental powers.
Stefan Otterson
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Stefan Otterson
answered on Mar 27, 2018

Yes, a delegation (also called a power of attorney) that gives the grandparent all the necessary authority, (medical, education, and travel, etc) should be sufficient. Many forms used for such purposes don't specifically mention out-of-state travel, so you might want to add that, just to be... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: The father of my child wants to sign his parental rights over to his mother. Is this legal?

He claims he's joining the National Guard and he's been asked to relinquish his rights. Therefore, he wants to sign them over to his mother.

Stefan Otterson
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Stefan Otterson
answered on Feb 27, 2018

He could either mean adoption or guardianship. Adoption is permanent, guardianship isn't. Either one would require your consent or clear evidence that you have failed to maintain a relationship with and support the child, or that returning the child to your care would be dangerous to the... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alaska on
Q: I wish to move away from home w/o parental permission, will i be able to do so without being brought home?

I am 17, employed, and going to school. My friends mother agreed to take me in, she is also employed with three children and plenty of room. What qualifications would the authorities need in order for me to live away from home? I am not emancipated or living away from home at the current moment nor... Read more »

Stefan Otterson
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Stefan Otterson
answered on Feb 4, 2018

Generally, emancipation is the legal path that gives you the ability to do what you intend. It does require parental consent with some exceptions. There are a few alternatives, such as specific emancipation and guardianship. Alaska Youth Advocates has a handbook that goes through all the... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: if i have a court order granting me sole legal and primary physical custody can he live with me full time?

my son is about to turn 15 and wants to live with me full time. i was awarded sole legal and primary physical custody by the court. do i need to go back to court if he wants to live with me full time? there was no visitation schedule set in the court documents. with sole legal and primary physical... Read more »

Stefan Otterson
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Stefan Otterson
answered on Jan 31, 2018

If "full time" is different from the schedule set out in your order, you need to either do a written, signed agreement with the other parent setting out the new schedule (assuming that's allowed in your order), or if you can't agree, then you need to file a Motion to Modify... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Alaska on
Q: Can I the mother leave ak with my child then file divorced from another state

I don't feel safe for me or my child. I have no support no family here other than my children the father is on probation for a dv on me at this time

Stefan Otterson
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Stefan Otterson
answered on Jan 29, 2018

You are free to move wherever you want, as long as there's not already a divorce case pending. (To the extent it's safe, you should still provide whatever visitation you can with the other parent.)

You will need to check the divorce jurisdiction law in the state you're...
Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: I live in alaska and parental rights where taken from me. Is there any way i can get my rights back.

My daughter is with her dads mom. She adoted her and she wont let me see her. I want to be apart of my daughters life. I would give anything to be apart of her life again. This is killing me inside. Please if there is anything i can do let me know. Thank you for your time. And god bless.

Stefan Otterson
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Stefan Otterson
answered on Jan 26, 2018

The adoptive parent has exactly the same rights as a parent. As the biological parent, you have no more rights than any unrelated person. Your best bet is to work with the adoptive parent, so that she will voluntarily allow you to have visits. If that's not possible, you may have no... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: Can I the mother with physical custody at this time leave the state of Alaska after filing for divorce

I've been in a very abusive marriage for 27 years with several dv convention on me. He is currently on probation for one

Stefan Otterson
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Stefan Otterson
answered on Jan 25, 2018

Once you've filed and a divorce case is pending, you usually need to get a written agreement from the other parent or court permission to leave the state. You should check the details of the standard order that is issued at the time the Complaint is filed. Different courts may have... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Domestic Violence for Alaska on
Q: If i taken care of my children all the years and father tries to take them away is it possible he can take them?

And he has been on child support for years and has never been present ever not even a birthday or holiday and barely any phone calls made. Is it possible he can take them away from me?

Stefan Otterson
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Stefan Otterson
answered on Jan 25, 2018

If you have a custody order, then his rights are defined by that. If you have never gotten a custody order from the court, then you both have equal rights. In that case, you should file a Custody Complaint in court, and get the court to determine what is appropriate. If the father has not had... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: My granddaughters was dropped off at my house by her mother. She refuses to help. Where do I stand legally.

The mother didnt show up to custody hearing on her younger child and father was granted custody. When he came to pick up the other child from mother mother was combative amd resulted in her arrest. Now she is threatening to come and take the older child(11) from my home. Mother is unemployed, has... Read more »

Stefan Otterson
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Stefan Otterson
answered on Dec 23, 2017

If the mother is pressing her rights, you will have difficulty opposing her unless you get a court order granting you custody. In the mean time, you can enlist the help of the father, who presumably got custody at the hearing you referenced. He could give you a power of attorney for the older... Read more »

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