North Pole, AK asked in Family Law and Child Custody for Alaska

Q: Daughter with dad riding in car high speed chace he got out ran and left her. Ocs took my kid can i get my rights back

They took my rights can i fight to get them back wo i can have my baby back

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1 Lawyer Answer

Stefan Otterson

PREMIUM
Answered
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: 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 paperwork to request appointment of an attorney. If you've missed the initial hearing, ask for the date of the next hearing. If it's too far away, ask for paperwork to request an immediate hearing.

Next, take the Petition to a lawyer, at least for a consultation (if you can afford the couple hundred dollars, you should do that now, even if you will eventually get an attorney appointed for you at state expense-time is critical.)

OCS can't take custody of a child without getting court approval within a very short time. Whether you get your child back has little to do with what the dad did and everything to do with you. If you are a safe caregiver with a clean record, then they will not be able to keep the child in custody. You may have to prove your fitness, and that will require lots of time and energy. Jump on it and don't let up until something happens. If you have a history that would justify asking you to do some form of treatment before your child can be returned, then find an appropriate relative and have them contact OCS to ask for placement. If that isn't immediately successful, then have them hire a lawyer. OCS workers are overworked, and it sometimes takes a little firepower to get their attention.

The main thing is, decide right now if your child is your top priority. If so, then put everything into getting the child returned to you and don't give up. Get support from family members and community resources. There is lots of help out there for sincere parents.

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