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answered on May 7, 2017
It probably means the person who wrote the Answer was trying to sound legal. He/she probably meant "affirmative" defenses. Certain types of defenses need to be specifically listed in an Answer. If a party lists them, it just preserves the right to argue them later. However, most of... View More 
Other spouse won't take his name off deed/tittle reason because he doesn't wan't the siblings to have it which she would leave to them.
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answered on May 5, 2017
If your former spouse refuses to comply with a requirement of your property division order, you can file a motion to enforce the order. You would file it under the divorce case number.
What charges can i press in Alaska on her?
I am 22.
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answered on Mar 21, 2017
Although you are family members, neither of you has an obligation to the other that goes beyond what two strangers would have. This isn't a matter of family law. You could report your sister's acts to the police, or you could bring a civil lawsuit yourself. Unless the property value... View More
I found a couple of Alaska Family Law Attorneys that offer full representations and unbundling services.
Can I hire a attorney for unbundling services to file motions, then hire that same attorney later to fully represent me in court?
If I hire a unbundling service attorney and I... View More
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answered on Feb 15, 2017
Yes, both those things are possible. That is, they are not prohibited by any ethics rules, etc. However, you would need to ask the particular lawyer whether he/she is willing to move from unbundled assistance to full representation and a court appearance. Some are and some aren't. You... View More
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answered on Feb 13, 2017
No, there must be evidence of abuse or neglect, or failure to protect from abuse at the hands of another. That may or may not be present when a battered woman's shelter is involved. If there has been domestic violence, the question is whether the children have been exposed to it, and... View More
I just need an answer to this question
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answered on Feb 8, 2017
A power of attorney generally ends upon the death of the person who executed it. The will does not come into effect until after the person's death, so in the simplest sense, the power of attorney cannot override the will. However, many things can be done through a power of attorney during... View More
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answered on Feb 6, 2017
This is actually more of a real estate question. If the kids inherit your companion's 50%, then they would have total ownership of the house. Unless you have a lease, I don't know what right you would have to stay in the house against the owner's wishes. A real estate lawyer... View More
I am the primary custodial parent in Alaska and my Ex-wife lives out of state. She has summer visitations. She has a history of custodial interference and demestic violence. The last time we went to court I received new paperwork added to our parenting plan. The new modification added that my... View More
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answered on Feb 3, 2017
Sounds like you have two issues which can be separated. If you think your ex-wife's home is unsafe, and can find enough solid evidence to back up your concern, then you may want to file a Motion to Modify your custody order.
Her failure to buy tickets and to give you her new address... View More
Have moved from the origin of custody and would be better to take care of in Anchorage.
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answered on Jan 13, 2017
If you and the other parent agree to the change of venue, then it should be ok. (I'm assuming "venue" means moving from one Alaska court to a different Alaska court.) If the other parent disagrees, it becomes a factual question for the court to decide, and it will be hard to... View More
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answered on Dec 21, 2016
If both parents agree to let the child decide at a certain age, then it's up to them. If both parents don't agree, then it will likely be the court that determines custody. From the court's point of view, child custody is an adult decision. The court has to consider all the... View More
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answered on Dec 9, 2016
First, I assume you have talked to your spouse about it, found out why he/she won't sign, and decided it's something you can't agree to. Either that or he/she refuses to communicate with you.
If that's the case, then you will have to file a normal divorce complaint.... View More
I have been dating him for 5 years. He moved 2 weeks ago. I am going into foster care due to the verbal/mental abuse everyday in my house. I have a job and have been providing for myself for at least 6 months. I know his family and I know it's safe there. I just want to know how legal it is to... View More
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answered on Nov 7, 2016
There is a legal process for gaining independence if you are living apart from your parent or guardian and can show that you are capable of sustained self support. The process is called "emancipation." If you are still living with your parents or you are in foster care, it's not... View More
before we were married,hes only on paperwork because of my credit,I make more money,does he have right to 401k/retirement.
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answered on Oct 27, 2016
Normally retirement savings, any other savings, and any other assets (just the equity) accumulated during the marriage are considered marital assets and the court is supposed to divide them up fairly. Six months is a very short marriage, so the court may simply try to return you both to the... View More
Can I still adopt them?
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answered on Oct 25, 2016
You can only adopt if the biological father consents, or he drops out of the picture (no contact with the child and/or no child support) for more than six months to a year.
He paid me back a little, but not the full amount.
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answered on Oct 25, 2016
The short answer is you file for divorce and you ask for it there. That's a gross over simplification, but it's not possible to say more on these facts. You could probably get an answer within an hour of consultation with a local attorney.
In 3 months I'll be 18, but this weekend I'm moving out of the state of Alaska to California to live with my best friend. My mom suggest she passes guardianship to my friends mom. Is this required ? Or can I just go ?
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answered on Sep 7, 2016
It's a good idea for someone in your new locality to have authority to sign you into school, consent to medical treatment, etc. However, there is no need for a guardianship (in the sense of a court order). Your mother or father can simply sign a Power of Attorney to delegate all or some of... View More
He left, I filed, never served him, I wish to reconcile, he hired a lawyer, refuses to communicate with me at all, I'm 4 months pregnant, he emptied the bank accounts, turned off my credit card. I just need to know if he has a legal obligation to support me or is is just a moral obligation... View More
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answered on Aug 23, 2016
Child support doesn't start until the child is born. The duty to support starts at birth, even without a court order. In the mean time, you can file a motion asking the court to order short-term spousal support, and if it's an emergency, you can ask the court to expedite your request.... View More
I (Plaintiff) filed a Motion to Enforce, the first motion since our divorce 5 years ago, my exhusband (defendant) filed a Motion to Change Jurisdiction as he had moved to California and was keeping my son there. The Alaska judge ruled to retain jurisdiction and I thought we would then address... View More
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answered on Aug 22, 2016
You probably can't succeed by focusing on formalities, especially in matters where the best interests of a child are at issue. In family law especially, the courts function flexibly to address whatever needs to be considered before making a decision. If your ex husband alleged changed... View More
My ex filed a motion to modify custody. I opposed. Mediation was ordered. We agreed on one son, but not the other. The hearing was set for July 25 @ 2:15pm. Since then, we were able to reach an agreement: we agreed to keep our original custody and modify to reflect my move to Australia with both... View More
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answered on Jul 22, 2016
It's hard to know what would happen if you fail to attend the hearing. If you want to make sure the agreement is accepted by the court and turned into an updated custody order, you need to attend. If you are comfortable just relying on the agreement without getting the order changed, then... View More
The mother moved to New York and wants are daughter to live withher ant the cousins mother I don't want to send her back , what can I do ?
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answered on Jul 14, 2016
You should report what the child told you to the state child protective services agency in New York. The agency should investigate and might obtain a custody order if they find that the mother will not be protective. The agency would then be in control, and they might place the child with you,... View More
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