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Alaska Family Law Questions & Answers
0 Answers | Asked in Divorce, Family Law and Child Custody for Alaska on
Q: I need help on what steps I need to take to finally be free!

My husband and I have been separated and living separate since 01/2019. We have a 5 year old boy together and my ex husband hasn't been involved at all since late 2019- early 2020... I have tried twice to file for divorce and I'm not sure why but both times something has come up. He has... View More

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: How often does one get denied filing a motion to return their son home? I did a hair sample it cane back clean.

I have a brand new condo too for my son to live at. My laywer kees saying if we file a motion then they can use hearsay what does this mean? If we lose? She is on her way out BTW should I file a motion to get a new pubic defender laywer? That form would be civil micl. , since there's not a... View More

James L. Arrasmith
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answered on Feb 24, 2024

Filing a motion to return your son home can sometimes result in denial, depending on various factors such as the specific circumstances of the case and the evidence presented. Even if a hair sample comes back clean, other factors may influence the court's decision, such as past history,... View More

1 Answer | Asked in Education Law, Family Law and Juvenile Law for Alaska on
Q: Can ocs in Anchorage ak go talk to a minor without a parent at a elementary school?
Blake Fulton Quackenbush
Blake Fulton Quackenbush
answered on Feb 9, 2024

Parents of children have rights, and parents can contact a knowledgeable attorney at any stage of the process of the Office of Children's Services ("OCS") investigating and/or the state removing a child from their home. Our office has years of experience litigating child custody... View More

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: Specifically, is adjudication for a China case a trial against how I'm doing now as a mom or how I was doing.

My Fiances attorney says adjudication is what happened in the past, if I file a motion to return my son home , then the trial will be evidence on whats happening now, in other words they must prove im an unfit parent now or that hes a child in need of aide now. If i DONT file a motion to return my... View More

James L. Arrasmith
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answered on Feb 24, 2024

Adjudication, in the context you're describing, focuses on assessing past actions and circumstances to determine the status of a case at a specific point in time. If you file a motion to return your son home, the court's focus shifts towards evaluating the current situation, including... View More

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: If I file a motion for my son to return home and it's denied then my lawyer says hearsay can be used. I'm in Alaska

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: Can hearsay be used in a adjudication trial? My lawyer says it can't but if I file a motion and loose then it can??

I'm pretty sure they will use all the evidence including hearsay in a child in need of aide hearing

James L. Arrasmith
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answered on Feb 6, 2024

In Alaska, the admissibility of hearsay in an adjudication trial, such as a child in need of aid (CINA) hearing, can be complex and may depend on various factors. Hearsay is generally considered inadmissible in court because it involves an out-of-court statement offered for the truth of the matter... View More

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: Can I get full (evidence) from ocs before trial. Why wouldn't a motion to return home now with expedite not be granted?

What heresay would be in my ocs case? Officers statements? If my laywer says I'll win my adjudication trial then we should be able to file a motion to return home. Can I ask her to file a motion to dismiss in Alaska? She told me to file a complaint and she's on her way out should I file a... View More

James L. Arrasmith
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answered on Feb 4, 2024

In legal cases involving child protective services (CPS) and child custody, obtaining full access to evidence from CPS before trial can be challenging. You have the right to request relevant evidence, but it may require a legal process called discovery to access all the information they have... View More

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, Military Law and Probate for Alaska on
Q: I wasn't told until about a year ago that my dad passed away. Am I still entitled because I was not informed

It was held information from me about my Dad's passing. And I've been going through a lot of stress lately and haven't been able to deal with it and I have TBI so it's hard to deal with anyway. What can I do about this I don't have the money for a lawyer who do I contact... View More

James L. Arrasmith
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answered on Nov 7, 2023

If you were not informed of your father's passing, you might still be entitled to a portion of his estate or benefits, especially as an only child. Your first step should be to obtain a copy of the death certificate and any will or estate documents. Contact the probate court in the area where... 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 Criminal Law, Family Law, Personal Injury and Adoption for Alaska on
Q: How do I get a probono lawyer in alaska or how do I go about obtaining one?
Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

An Alaska attorney could advise best, but your question remains open for two weeks. As a starting point, here is a link to the Alaska Bar Association page - Pro Bono Legal Service Providers

https://alaskabar.org/for-lawyers/pro-bono/pro-bono-legal-service-providers/

This is not an...
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1 Answer | Asked in Family Law and Adoption for Alaska on
Q: Grandmother adopted children from OCS can mother live there after her parental rights were terminated

The mother was deemed an unfit parent and parental rights were terminated by OCS. Grandmother adopted the two of the children who now live with her. The mother was allowed 2 days of visitation a week but it had to be supervised my grandmother. The mother has been living with her mother for the past... View More

Stefan Otterson
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answered on Dec 27, 2022

As the adoptive parent, the grandmother has the legal right to make all decisions for the child, including who is around the child. So the unfit bio mother being there is not in itself a problem. However, like all parents, the grandmother could lose her parental rights just like the mother did.... 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 for Alaska on
Q: Can I take my child back from a guardian before court date. I’m trying to move
Stefan Otterson
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answered on Aug 24, 2021

The short answer is no. You are not allowed to take back custody without court permission. However, depending on the facts and the terms of the guardianship order, there may be a way to take the child with you, as long as the court hearing is coming up in the near future. You should have an... 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 Domestic Violence and Family Law for Alaska on
Q: Can my boyfriend and father of my child kick me out of my home if he owns the house
Phyllis Shepherd
Phyllis Shepherd
answered on Jul 17, 2021

If your boyfriend has a domestic violence order against you, the court may grant him temporary custody of the minor . child and the court may order you to leave the home. Without a domestic violence protective order, If your boyfriend owns the home and if you were a tenant in his home and you did... 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

Stefan Otterson
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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

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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

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