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Alaska Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Alaska on
Q: At what age can a child in Wasilla, AK chose what parent she/he wants to live with?
Stefan Otterson
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answered on Dec 21, 2016

If both parents agree to let the child decide at a certain age, then it's up to them. If both parents don't agree, then it will likely be the court that determines custody. From the court's point of view, child custody is an adult decision. The court has to consider all the... View More

1 Answer | Asked in Child Custody and Juvenile Law for Alaska on
Q: I am 17 in 7 months. I Live in a house with verbal abuse everyday. Can I legally move in w/my boyfriend in the summer?

I have been dating him for 5 years. He moved 2 weeks ago. I am going into foster care due to the verbal/mental abuse everyday in my house. I have a job and have been providing for myself for at least 6 months. I know his family and I know it's safe there. I just want to know how legal it is to... View More

Stefan Otterson
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answered on Nov 7, 2016

There is a legal process for gaining independence if you are living apart from your parent or guardian and can show that you are capable of sustained self support. The process is called "emancipation." If you are still living with your parents or you are in foster care, it's not... View More

1 Answer | Asked in Child Custody for Alaska on
Q: Do I require guardianship before I leave since I'm almost 18?

In 3 months I'll be 18, but this weekend I'm moving out of the state of Alaska to California to live with my best friend. My mom suggest she passes guardianship to my friends mom. Is this required ? Or can I just go ?

Stefan Otterson
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answered on Sep 7, 2016

It's a good idea for someone in your new locality to have authority to sign you into school, consent to medical treatment, etc. However, there is no need for a guardianship (in the sense of a court order). Your mother or father can simply sign a Power of Attorney to delegate all or some of... View More

2 Answers | Asked in Child Custody for Alaska on
Q: Can the court modify custody without a Motion to Modify being filed? I have an appeal in the Supreme Court in AK

I (Plaintiff) filed a Motion to Enforce, the first motion since our divorce 5 years ago, my exhusband (defendant) filed a Motion to Change Jurisdiction as he had moved to California and was keeping my son there. The Alaska judge ruled to retain jurisdiction and I thought we would then address... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 21, 2016

That judge gave you fair warning that the court would sua sponte (on the judge's own motion) consider modifying custody. Thus I don't think you will prevail with this point on appeal. Did you and your ex-husband both present evidence on this "motion"? I think the Alaska... View More

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1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Does one of us need to request to cancel hearing? Or do we need to appear? What will happen if the hearing goes forward?

My ex filed a motion to modify custody. I opposed. Mediation was ordered. We agreed on one son, but not the other. The hearing was set for July 25 @ 2:15pm. Since then, we were able to reach an agreement: we agreed to keep our original custody and modify to reflect my move to Australia with both... View More

Stefan Otterson
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answered on Jul 22, 2016

It's hard to know what would happen if you fail to attend the hearing. If you want to make sure the agreement is accepted by the court and turned into an updated custody order, you need to attend. If you are comfortable just relying on the agreement without getting the order changed, then... View More

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My girlfriend was arrested and I want to know what I need to so to get custody of kids.

We had a child together and have shared custody but she has her own son that I would like to get custody of and would like to know what I need to do. She was arrested and taken into custody.

Stefan Otterson
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answered on Jul 10, 2016

There are three ways you can approach this. You can get her to sign a power of attorney (delegation of parental rights), which would allow you to take them to the doctor, sign them into school, etc. This would have no effect on the father's rights, however. If you aren't able to work... View More

1 Answer | Asked in Child Custody for Alaska on
Q: Is it best to file for joint custody or visitation if the mother is not allowing me to see my kids while paying CS?

I am always arguing with the mother of my kids about visitation. She doesn't want my kids to have anything to do with me since I have moved on with my life.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2015

When a divorce is filed in Alaska, one of the questions normally asked is whether there are children of the marriage, and if the wife is pregnant. It either question is answered in the affirmative, provision is normally made in the divorce decree for visitation and custody. Thus I assume you... View More

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