Get free answers to your Child Custody legal questions from lawyers in your area.
I can not afford an Attorney, is there any way to ask for physical custody without one? What are my best options as the sole provider
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answered on May 23, 2019
Yes, you can take the child out of state. Either parent can legally do that. Just be aware that without a custody order, the other parent can also legally come to the other state, pick the child up from school or daycare, and take the child back to Alaska. The fact that it's legal... View More 
We live in Alaska. The children’s father is working on the North Slope
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answered on Mar 21, 2019
A power of attorney from one parent doesn't affect the other parent's rights. You can still do anything you would do if you were dealing directly with the father instead of the grandparents. However, you need to be careful in taking children from someone who has been the primary... View More
My live-in boyfriend is still in the appeal process for a substantiated sexual abuse finding with "no further intervention"
Is it ok to bring my daughter back into the home without the worry of ocs?
The overturned neglect finding was for me.
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answered on Feb 8, 2019
This is a delicate area, in the sense that the consequences of a mis-step can be grave. I think any lawyer would hesitate to say yes or no without a thorough discussion of the facts and a review of the OCS paperwork. Even then, OCS can be unpredictable in how they interpret their actions and... View More
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... View More
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answered on Dec 17, 2018
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... View More
We have no custody agreement and have never been to court what will happen if I live with him saying I can’t? I have the children 95% of the time.
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answered on Nov 19, 2018
There's nothing to stop you from leaving. Both of you have equal rights, so there's nothing stopping him from leaving with the kids either. If you leave without working it out with him first, he can file for a custody order and ask the court to order the kids returned to Alaska.... View More
We are seeking help in trying to figure out how we can leave state with a 50/50 custody agreement. There are three children involved. Thier father has his immediate and extended family all reside in Alaska and all three children were born here. I have no family here and limited opportunity to... View More
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answered on Sep 25, 2018
When you say we, I assume you mean you want to take the children with you, but the father would stay here. Unless you have an unusual custody schedule, you won't be able to follow it after you leave. That means you need either an agreement to change the schedule (and the custody percentage)... View More
They gave my daughter to the parents of the father in which I have a restraining order on. Can they do that? I am a very good mother and always have been
answered on Aug 18, 2018
You should have an attorney by now either appointed or retained.
You should be directing these questions to your attorney
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answered on Jul 31, 2018
It depends on whether you're talking about a long-term or short-term trip out of state. If it's long term, then she isn't allowing you to have the children 50% of the time, and you can file a motion to enforce the shared custody. If it's a short term trip during her time, it... View More
I will move 45 miles away to my mothers home. What steps should I take to protect myself and my children and my mother from possible retaliation? I want to know for sure that he can't use my children to manipulate and control me after I get away from him. I'm poor and I have no financial... View More
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answered on Jul 8, 2018
If you have no court order governing custody, you can do whatever is reasonable under the circumstances. However the father has equal rights, so you will need to get a court order. If there has been domestic violence, then you should get a restraining order. This is something you can do without... View More
Step son is 14, and does not want to come to our house anymore. His mom is saying since hes 14 he gets to make the choice.
Custody in the court says 50/50 with trade on fridays.
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answered on Jul 8, 2018
A child never gets to make that choice, as it is an adult decision. If the parents don't agree, the court will consider the preference of a sufficiently mature child along with all the other factors. Preference alone is usually not the determinative factor. However from about age 14, the... View More
I have a new baby with my boyfriend. The relationship is struggling and he repeatedly has asked me to leave. I don't have anywhere to go. My family is in Texas. I cannot financially provide for my child and need to move home with my family where there will be financial help and my mother... View More
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answered on Apr 30, 2018
There is nothing to prevent you from moving, if that's what you need to do. Just do it in a way that respects the father's rights. The best practice is to file a custody case before you go, and get interim approval from the court for your move. If you don't have the resources... View More
When my children were taken, i was on drugs and missed alot of court. I am since clean and have bought a house. Is having another child an option without having to be scared of ocs getting involved? My mother adopted my 2 kids and will not allow me to see them. Do i have any rights for visitations?
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answered on Apr 17, 2018
First, OCS will only get involved if someone makes a report. If you have normal pre-natal care and are not under the influence of anything when you give birth, the hospital probably won't report. However, if your mother isn't convinced you're clean and sober she could file a... View More
Can we get visitations established or does she have the right to basically turn us away. She lied to us and agreed we would be apart of her life but only let's us see her 1 time every 2 months
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answered on Apr 10, 2018
Your rights depend on the paperwork you signed. If you agreed to a guardianship then the visitation provisions in the order can be enforced, or if there are no specifics, then visitation can be reviewed by the court at your request, and visitation provisions can be added. If you signed a... View More
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answered on Apr 6, 2018
Whenever the court issues a child custody order, they issue a child support order. That part you can't get around, even by agreement, unless you are in a truly unique situation so that it wouldn't be reasonable to apply the normal rules. Just being able to take care of things... View More
Where would i file to have the custody change so that I can try for 50/50 custody?
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answered on Mar 30, 2018
If your son has been living in Florida no one lives in Pennsylvania anymore, then you'd need to file in Florida.
He claims he's joining the National Guard and he's been asked to relinquish his rights. Therefore, he wants to sign them over to his mother.
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answered on Feb 27, 2018
He could either mean adoption or guardianship. Adoption is permanent, guardianship isn't. Either one would require your consent or clear evidence that you have failed to maintain a relationship with and support the child, or that returning the child to your care would be dangerous to the... View More
I am 17, employed, and going to school. My friends mother agreed to take me in, she is also employed with three children and plenty of room. What qualifications would the authorities need in order for me to live away from home? I am not emancipated or living away from home at the current moment nor... View More
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answered on Feb 4, 2018
Generally, emancipation is the legal path that gives you the ability to do what you intend. It does require parental consent with some exceptions. There are a few alternatives, such as specific emancipation and guardianship. Alaska Youth Advocates has a handbook that goes through all the... View More
my son is about to turn 15 and wants to live with me full time. i was awarded sole legal and primary physical custody by the court. do i need to go back to court if he wants to live with me full time? there was no visitation schedule set in the court documents. with sole legal and primary physical... View More
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answered on Jan 31, 2018
If "full time" is different from the schedule set out in your order, you need to either do a written, signed agreement with the other parent setting out the new schedule (assuming that's allowed in your order), or if you can't agree, then you need to file a Motion to Modify... View More
My daughter is with her dads mom. She adoted her and she wont let me see her. I want to be apart of my daughters life. I would give anything to be apart of her life again. This is killing me inside. Please if there is anything i can do let me know. Thank you for your time. And god bless.
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answered on Jan 26, 2018
The adoptive parent has exactly the same rights as a parent. As the biological parent, you have no more rights than any unrelated person. Your best bet is to work with the adoptive parent, so that she will voluntarily allow you to have visits. If that's not possible, you may have no... View More
I don't feel safe for me or my child. I have no support no family here other than my children the father is on probation for a dv on me at this time
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answered on Jan 29, 2018
You are free to move wherever you want, as long as there's not already a divorce case pending. (To the extent it's safe, you should still provide whatever visitation you can with the other parent.)
You will need to check the divorce jurisdiction law in the state you're... View More
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