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.

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1 Lawyer Answer
Stefan Otterson
Stefan Otterson
PREMIUM
Answered
  • 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.

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