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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?
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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... View More 
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... View More
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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... View More
I want to know how can I keep her with me permanently. She doesn’t like going over to the other persons house. She fights me because she hates it there. I just need help. The adoptive parent has never given me a dime for this child.
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answered on Dec 17, 2017
The only permanent solution to this problem is adoption. That is something you would probably need legal help with, particularly if the legal parents are't cooperative. It is possible to do an adoption even if the legal parents aren't on board, but it might require a trial, which can... View More
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answered on Dec 9, 2017
Yes. Any blood relative would have priority over an unrelated foster home. Your mother needs to contact OCS and request placement. They should place with her as long as she has a clean record. If they don't, she can ask the court to order it, and OCS would have to explain why she's... View More
They took my rights can i fight to get them back wo i can have my baby back
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answered on Dec 9, 2017
If you haven't already, contact OCS immediately. Ask them for your child. If they say no, ask for a copy of the Petition they have filed with the court. Take the Petition to the courthouse, and go to the Children's office in the basement. Show them the case number and ask for the... View More
Not only did he move but he wuit his job taking a lower pay job and cancelled his Christmas visit.
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answered on Nov 27, 2017
When you say non-custodial, it sounds as if you have primary custody (70% or more custody time). In that case, the other parent's visitation percentage does not change the support calculation (it's the same between 70 and 100% of the time). If the other parent wants the child support... View More
I work with my daughter's mother regarding visitation, but there is no visitation agreement actually filed with the courts.
Just inquiring whether or not I need file anything if I have full physical custody of my child (shared legal) if I can relocate (out-of-state) with no further... View More
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answered on Nov 27, 2017
There is quite a bit of grey area in the answer to your question. The best practice is to work out your agreement and then submit it to the court to get an updated custody order. You may want to run the agreement by a lawyer before signing if you have any questions, and to help you put it into... View More
My boyfriend took our daughter to Alaska to "visit" and is refusing to come back to Idaho. We do not have a custody agreement, what can I do?
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answered on Nov 24, 2017
Of course, you should first do everything you can to reach an agreement. You can't just assume that he has to come back. If you're not going to live in the same state, then you'll need to find a way to share custody. Neither of you gets to just keep your daughter. If you... View More
The old custody agreement had split custody and talked about the details regarding pfd’s, taxes, sharing of address, daycare names, that sort of stuff. The new order gives me full legal custody and him supervised visits 3x a month in a public place for 4 hours each time. It does not discuss... View More
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answered on Nov 3, 2017
Normally a modification order only affects the things it addresses, such as the custody schedule. If it doesn't include a new provision for PFD's etc, then the provision of the old order would continue in effect. Most modification orders will state that explicitly, but if the other... View More
I have sole legal custody & primary physical of all 4 kids with my felon ex in another state getting visitation. My son & ex believe that I have lost custody in this scenerio & that I cant put my son into residential treatment or theraputic foster care (Im not comfortable with him... View More
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answered on Nov 2, 2017
Your rights have not been terminated, and your custody order remains in effect. Physical custody may have been temporarily given to the state (though there's a big difference between temporary detention pending trial, and being committed to a facility at the final disposition hearing). The... View More
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answered on Nov 1, 2017
You can either hire an attorney to draw up the paperwork or file it yourself using the resources provided by the court system. To make that decision, go to the court's website: http://courts.alaska.gov/shc/representing-yourself-info.htm.
Note that there is a phone number for the... View More
Would they have to prove that the person is legally their cousin or would ocs just approve it if their a safe home and want the children
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answered on Oct 23, 2017
OCS is supposed to give preference to blood relatives. There's a streamlined licensing process for relatives. However, someone who already has a relationship with the kids should also get preference (this isn't a statutory right, but it just makes sense.) OCS is short on foster... View More
My daughter is 14, and visitation with her father is out of state, whenever he and I agree to. Since I have sole legal and physical custody am I able to designate in a will where she will live if something happens to me, or will sole custody automatically be awarded to her father?
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answered on Sep 18, 2017
The custody order only divides up parental rights between the two of you. If either parent dies, that division is no longer relevant. The surviving parent would have priority over any other person unless a court determines otherwise. That determination would have to be done based on the... View More
Both cases have arrears owed.I am not being greedy but the payor only pays 50.00 on my child's case if and when they do pay!
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answered on Sep 18, 2017
Yes, assuming your child support was based on an income calculation that deducted support paid to the child from a previous relationship. However, the $50 amount suggests that the payor's income is very low, so adding that previous support amount back into his/her income may not bring the... View More
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answered on Sep 3, 2017
I assume you're wondering about child support. That goes based on your court custody order, and it doesn't change until you get it modified by the court. If you don't have a court order, you may be able to do the modification through CSSD, if they're involved. The key point... View More
My ex has a drug problem and has been in and out of rehab multiple times. She has lost her government assistance and has no job to my knowledge. My 2 year daughter is picking up bad habits because my ex smokes weed, cigarettes, and possible other substances in front of her. My ex also has... View More
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answered on Sep 2, 2017
If you already have a custody order, file a Motion to Modify Custody. If you don't have a custody order yet, file a Complaint for Custody. The court system has forms online for this purpose. DR-411 is the Complaint, and DR-700 is the Motion to Modify.
It wouldn't hurt to talk to... View More
I have custody of her but her father and I agreed to let her move to Washington with him. now she has run away and wants to come back. what are my rights as her parent and if I picked her up or flew her home would there be any legal actions he could take against me?
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answered on Sep 2, 2017
If you have custody under a court order, there would be little risk for you to fly her home. The important thing is to keep the father in the loop. Just keep your daughter safe and work together with her father. If you can't do both, err on the side of keeping your daughter safe. Just... View More
I had no intent to keep our daughter from her, and she knew that. But, when i let her take her for a walk the day after, she didnt come back. She took off and his from me and now is in another city. She filed for custody and child support. Is this legal?
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answered on Jul 27, 2017
Yes, it is completely legal. Until you get a custody order, you both have equal custodial rights. Hiding from you isn't a good thing, but since she filed for custody, you now have her address and a forum for determining how to arrange custody between the two of you. If you ask for it, the... View More
I would apply for federal aid
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answered on Jul 23, 2017
This may be a matter of policy at the particular college you pick. In general, until you turn 18 your parents have legal custody of you. This means they have decision making authority, and they are the ones who are supposed to sign admissions paperwork, etc. However, some organizations make... View More
We have had a child for 3 years since she came out of the NICU at 41 days. She was born addicted to heroin. Her mother has only seen her three times in almost three years. They have 15 months to show improvement. No relatives were found in Alaska to take her and out of the blue one shows up a great... View More
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answered on May 31, 2017
You should first do everything you can to work things out with the social worker. If possible, you should try to get the guardian ad litem to advocate in your favor. If you have no luck with the social worker, go up the chain to his/her supervisor, and on up. OCS has broad discretion to make... View More
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