Jber, AK asked in Family Law and Child Custody for Alaska

Q: OCS took kids they are with family we have not been charged with anything yet. Can I leave the state to get this drop?

They are saying Im neglectful and my husband is the abuser of the child 2 children are mine and the three little ones are ours. we will be charged Thursday, so I'm I allowed to leave the state with the children or will the children to be able to the state with family. Trying to see the best way to keep my kids.

Related Topics:
1 Lawyer Answer
Stefan Otterson
Stefan Otterson
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: It's hard to tell from the limited details you give, but if OCS actually took your kids, then they have custody. You will probably be served with a Petition very soon. The OCS case does not require you to stay in the state, but you won't be able to take the children that OCS removed from your care. If you leave, it would make it much harder to get the kids back. When you talk about being charged, that sounds like a criminal case. That would be a completely separate court case from the OCS custody case. If there is a criminal case, it's possible there will be a requirement for you to stay in the state. Either type of case requires help from an attorney. You need lots of legal guidance from an attorney who has reviewed all the paperwork. As soon as you are served with the initial court documents you need to request court-appointed counsel. (If you earn too much, then you'll need to hire your own attorney.) Don't delay. The OCS case can move very quickly, and you need to be involved in every step along the way.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.