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Alaska Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Alaska on
Q: I currently live in Alaska my grandson was taken by the riverside cps which hasn't returned none of my calls and my

Daughter hasn't been totally truthful With me the only thing I know is she had a judicial hearing plead no contest can I get guardianship over him so that he can be with family

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Alaska on
Q: I want to file the motion to return son home. lawyer says not to but thinks I'll win adjudication.hearsay important?lazy

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

T. Augustus Claus
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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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1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: OCS actuallytookmy kidi i have custody.FULL CUSTODY OF MY SON AND talking to my son and I believe that we have to talk
T. Augustus Claus
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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

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: What can I file to gain emergency custody if my coparent is suicidal?

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?

Blake Fulton Quackenbush
Blake Fulton Quackenbush
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

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: If my parental rights were terminated and my daughters were adopted by their grandparents, how do I go about seeing them

I live in Alaska.

Stefan Otterson
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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

1 Answer | Asked in Family Law, Adoption and Child Custody for Alaska on
Q: If my grandkids in Michigan are removed from their mother's care, her wish is to have them sent to me in Alaska.

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?

Stefan Otterson
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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

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Gov & Administrative Law for Alaska on
Q: Who to contact regarding Alaska OCS repeatedly failing to appear for court for hearing to determine return of children?

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.

Stefan Otterson
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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

1 Answer | Asked in Child Custody, Child Support and Family Law for Alaska on
Q: Will my child’s birth father be granted shared custody?

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

1 Answer | Asked in Divorce, Family Law and Child Custody for Alaska on
Q: My son's soon to be ex wife will not allow him to see or talk to his children.

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

Stefan Otterson
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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

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My kids were homeschooled by both parents in our separate homes this year. I can't make this accommodation next year.

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

Phyllis Shepherd
Phyllis Shepherd
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

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: When is the first full week of a month?
Phyllis Shepherd
Phyllis Shepherd
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.

1 Answer | Asked in Child Custody for Alaska on
Q: Can custodial parent send child to spend summer out of state without noncustodial parents permission?
Phyllis Shepherd
Phyllis Shepherd
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

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: The father of my child fled the state of Maine to Alaska. We had an agreement that she could go visit him for the summer

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

Stefan Otterson
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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

1 Answer | Asked in Adoption and Child Custody for Alaska on
Q: I need help answering child custody and adoption q&a in alaska and arizona.

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

Stefan Otterson
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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

1 Answer | Asked in Child Custody for Alaska on
Q: If I die does my son’s father automatically get custody?

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

Stefan Otterson
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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...
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1 Answer | Asked in Child Custody for Alaska on
Q: The father of my childern lost custody of my childern to ocs, they didnt call me to pick up my kids

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...
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1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: My ex girlfriend and i have 2 children together.there is no legal custody agreement.i have always had them on the weeken

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

Stefan Otterson
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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

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Alaska on
Q: Can we move out of state with our child and have the cases transferred

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

Stefan Otterson
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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

1 Answer | Asked in Child Custody for Alaska on
Q: My ex and I have joint custody. In 2009, she took my children from Alaska to Germany with no intent on returning.

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?

Terrence H Thorgaard
Terrence H Thorgaard
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?

1 Answer | Asked in Child Custody for Alaska on
Q: OCS hasn't taken custody from me yet,but are going to. currently my mother has temp guardianship but ocs says that she

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

Stefan Otterson
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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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