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She also says in alaska motion to dismiss doesn't exist? She says hearsay can't be used right now, but if I file a motion for my son to return home and we loose then hearsay can be used?? I'm in Alaska
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answered on Feb 23, 2024
It's important to understand the specific rules and procedures governing legal proceedings in Alaska, especially regarding motions and evidentiary rules. Your lawyer is likely referring to the rules of evidence and procedure that apply in Alaska courts. While hearsay evidence generally may not... View More 
Is hearsay important in adjudication? Will my son be put on stand? Also my lawyer says if I file a motion and loose then they can use hearsay at the trial. She leaves March 1st I think she's being lazy
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answered on Feb 2, 2024
In legal proceedings, including adjudication hearings, hearsay can play a significant role depending on the circumstances and the specific rules of evidence applicable in the jurisdiction. While hearsay evidence may sometimes be admissible, its weight and credibility can be challenged by opposing... View More
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answered on Jan 30, 2024
In Alaska, if the Office of Children's Services (OCS) has taken custody of your child despite you having full custody, it is crucial to understand and address the reasons behind OCS's intervention. OCS typically steps in if they believe the child is in danger or not receiving adequate... View More
My soon to be ex is acting unstable in online videos and has said he wishes he was dead. I am worried about my child’s safety. What can I do?
answered on Feb 9, 2024
In Alaska, seeking emergency relief, such as filing a petition for custody followed by a motion on expedited consideration for interim custody, can be complex and may have various outcomes depending certain factors. A consultation with a knowledgeable lawyer in Alaska may help in many ways.... View More
I live in Alaska.
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answered on Jun 13, 2023
It sounds as though your rights were terminated without your consent. If that's the case, then you just have to ask nicely, because it's completely up to the adoptive parents whether they allow visits or not. The prevailing thought on adoptions is that it is good for kids to have some... View More
Her wish is to have the kids placed with me and her step-father! What steps would we need to do to make this happen?
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answered on Dec 3, 2021
It sounds like the kids are already in the custody of the state in Michigan. That means you will have to work with their Child Protective Services office (CPS). Ask your daughter for the contact information for the assigned social worker and contact that person to let them know you are requesting... View More
The assigned attorney fails to give briefings before the hearings and fails to offer any advice. She is pretty much just a County paid paper pusher.
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answered on Jul 21, 2021
When you or your attorney calls OCS, you can generally ask for the immediate supervisor of the assigned worker. If that doesn't work, you can usually get the next person up. Keep going as far as you can. If necessary, try the Juneau main office. In some cases, the state Ombudsman can... View More
My child’s birth father left state when our child was 1. She’s turning 6 this year. He has had a few FaceTime calls , does not pay child support, and can go months without contact to now over two years before out of the blue asking how she is and not contacting for weeks again. We do not have a... View More
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answered on Jun 3, 2021
In a custody case, nothing is certain. However, it is quite hard to get full legal and physical custody with no visitation unless the other parent has a criminal sexual abuse conviction or has a history of domestic violence, etc. Even then visitation would often be allowed, but supervised. A... View More
He is working on starting divorce proceedings but has not seen his children since his soon to be ex-wife kicked him out of their home three weeks ago in the middle of the night. Their children went to bed and dad lived in the home, the next morning dad did not. Up until this happened he was... View More
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answered on May 18, 2021
First try to use persuasion. Let the wife know that divorce paperwork will be filed very soon. Let her know the court will be looking at each parent's behavior, and her denying contact with the children might reflect very poorly on her. Encourage her to talk to an attorney, who will... View More
Our divorce began as COVID 19 started. My ex. and I pulled the kids from in person learning as the schools COVID rates were sorted out. Fast forward to now, we have 1 case every few weeks in our small rural Alaskan village and the school has implemented an effective mitigation plan keeping kids... View More
answered on Apr 28, 2021
I will assume that you do not have a court order granting either parent sole legal custody. Assuming both of you are equally good parents, courts prefer that equally good parents cooperate for the best interests of the children. Pediatricians and other health care professionals recognize the... View More
answered on May 5, 2021
I have seen child custody decrees that allow the parents to define what the first full week of the month means for purposes of the decree. For example, the parents can agree that the first full week of the month starts with the first Sunday of the month followed by six consecutive days.
answered on Mar 19, 2021
I am assuming that this child is a resident of the state of Alaska and the fact that you call one parent custodial and the other parent noncustodial, suggests that there is an Alaskan court order governing this situation. If the court order does not mention the situation of a child traveling out... View More
She had a round trip ticket. He didn’t send her home and filed for full custody first. Will the judge look at him as unfit for the child involved because of his impulsive choices? We have never had an issue with sharing our child or anything through the courts
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answered on Dec 10, 2020
It sounds like you do not have a custody order in any state, and you had an informal agreement. Yes, violation of a well documented agreement might weigh against the parent who violates it, especially if it creates anxiety for the child, who may not now know where she will be living from one day... View More
My children were taken by ocs in alaska and placed in foster care with non relatives because my entire family lives out of state they have filed termination and trial just occurred for termination judge is waiting for the closing arguements. My brother and father in Arizona want to adopt my... View More
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answered on Nov 12, 2020
Yes, your relatives can do two things. They can intervene in the CINA case to contest OCS's placement decision, and they can file an adoption petition, which would probably be assigned to the same judge handling the CINA case. They should have legal assistance for that, as there is lots of... View More
My son and I left Alaska when he was less than a year old, and his father hasn’t seen him since. They Skype, and he follows his child support order. We have joint legal custody and I have primary physical custody. My son is now 7, and I want to know if his grandmother has any rights to him, or... View More
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answered on Sep 11, 2020
Yes.
It's not even clear that any action by the court would be needed. He was already able to exercise legal custody, and after your death, he would have the clear right to physical custody.
Grandparents would have no right to custody, though they could ask for... View More
Now ocs is saying my house needs to be cleared to get my kids back. There was an incident that happened with the father and his new gf, and the officer involved instead of taking them into custody wrote an ocs report. My childern were not present in that altercation. The following morning I went to... View More
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answered on Jun 29, 2020
There is no simple answer to your question, other than the following general principles.
1. Make contact with the social worker and cooperate with OCS to get yourself and anyone else in your home checked and cleared.
2. Unless you can afford a private attorney, submit a request to... View More
Weekends holidays and most of the summer.the kids want to be with me more but when i go to pick them up there mother locks the door and wont let them out of her house is that legal?also what can i do about it and what are my rights as a father
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answered on Apr 7, 2020
Your rights are exactly the same as the mother's. However, there's nothing to spell out what that means. If the two of you don't agree how to manage in that completely undefined environment, then either of you can file a Complaint for Custody with the court. Ideally you would... View More
Our son is a child in need of aid but the court granted us full custody and rights over our child. We were in the process of moving to Texas to be with family can we still move and have our case transferred. We have another hearing in 6 months and how fast can we leave
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answered on Oct 10, 2019
More information is needed to answer you question. Child custody jurisdiction usually requires that you and the child reside in the new state for at least 6 months before that state can handle custody matters. However, that's not automatic, and if the other parent still resides in the... View More
My two older kids returned (they’re adults now) but my son remained with his mother. They left in the middle of the night and I have not seen or heard from my son since. What are my rights as his father? Can I have the court make her return him or at least let him come visit?
answered on Aug 28, 2019
Yes, but it might be difficult to enforce the court order in Germany. Also, why have you waited so long?
Is not a good match because she has had ocs calls on my younger brother. Any past cases have been closed and have been for several years with her so can I give full custody to my mom without OCS approval
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answered on May 30, 2019
Your question is a good one, but there's no way to assess whether your mother would be a suitable placement based on the number of years since prior calls. It depends on what the prior calls were about, and whether OCS determined she had committed abuse or neglect, and what type. Also... View More
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