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Alaska Family Law Questions & Answers
1 Answer | Asked in Child Custody, Family Law and Adoption for Alaska on
Q: I have a child that’s been living with me for 13 1/2 years. She isn’t my blood or my adopted child but is my daughter.

I want to know how can I keep her with me permanently. She doesn’t like going over to the other persons house. She fights me because she hates it there. I just need help. The adoptive parent has never given me a dime for this child.

Stefan Otterson
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answered on Dec 17, 2017

The only permanent solution to this problem is adoption. That is something you would probably need legal help with, particularly if the legal parents are't cooperative. It is possible to do an adoption even if the legal parents aren't on board, but it might require a trial, which can... View More

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Does my mom have rights to her grandchild even though they took my rights?they never contacted my mom about this.
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answered on Dec 9, 2017

Yes. Any blood relative would have priority over an unrelated foster home. Your mother needs to contact OCS and request placement. They should place with her as long as she has a clean record. If they don't, she can ask the court to order it, and OCS would have to explain why she's... View More

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Daughter with dad riding in car high speed chace he got out ran and left her. Ocs took my kid can i get my rights back

They took my rights can i fight to get them back wo i can have my baby back

Stefan Otterson
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answered on Dec 9, 2017

If you haven't already, contact OCS immediately. Ask them for your child. If they say no, ask for a copy of the Petition they have filed with the court. Take the Petition to the courthouse, and go to the Children's office in the basement. Show them the case number and ask for the... View More

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My boyfriend took our daughter to alaska

My boyfriend took our daughter to Alaska to "visit" and is refusing to come back to Idaho. We do not have a custody agreement, what can I do?

Stefan Otterson
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answered on Nov 24, 2017

Of course, you should first do everything you can to reach an agreement. You can't just assume that he has to come back. If you're not going to live in the same state, then you'll need to find a way to share custody. Neither of you gets to just keep your daughter. If you... View More

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: If my custody order was modified and I was given full custody does that cancel out the details of my last order ?

The old custody agreement had split custody and talked about the details regarding pfd’s, taxes, sharing of address, daycare names, that sort of stuff. The new order gives me full legal custody and him supervised visits 3x a month in a public place for 4 hours each time. It does not discuss... View More

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answered on Nov 3, 2017

Normally a modification order only affects the things it addresses, such as the custody schedule. If it doesn't include a new provision for PFD's etc, then the provision of the old order would continue in effect. Most modification orders will state that explicitly, but if the other... View More

1 Answer | Asked in Juvenile Law, Divorce, Family Law and Child Custody for Alaska on
Q: My 17 year old is being criminally detained in juvenile detention. In this scenerio have my rights been terminated?

I have sole legal custody & primary physical of all 4 kids with my felon ex in another state getting visitation. My son & ex believe that I have lost custody in this scenerio & that I cant put my son into residential treatment or theraputic foster care (Im not comfortable with him... View More

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answered on Nov 2, 2017

Your rights have not been terminated, and your custody order remains in effect. Physical custody may have been temporarily given to the state (though there's a big difference between temporary detention pending trial, and being committed to a facility at the final disposition hearing). The... View More

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
Q: My daughters mother moved from Anchorage to TN. Who would be responsible for travel expenses back to AK for Christmas.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2017

Travel for the child, right? The party who moved the child (child's mother) would be responsible, normally, assuming that there is a judgment giving you visitation rights.

1 Answer | Asked in Family Law for Alaska on
Q: My boyfriend wants to move out of Alaska. Can he take the kids if there is no custody arrangement without kidnapping

The mother and him are still married living under the same roof but the mother is menatally ill. She is seeking help but would try to keep kids from him.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2017

Yes, he can take the children to another state, but were she to sue him for custody the courts might possibly require him to pay the expense of moving them back.

1 Answer | Asked in Family Law and Adoption for Alaska on
Q: The only proof that I have that my father is my father is on the death certificate with my name on it as daughter.

Will this be enough to prove that he is my father?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 24, 2017

Probably not. If he had signed it, it might be regarded as an admission, but of course dead people don't sign their own death certificates. Is there any of your father's DNA available?

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
Q: my BM refuse to have my son at the airport because she wants everyone in the hospital with her while she is giving birth

We have a court order saying i get him for summers and every other Christmas for 3 weeks.But this year i get him for 5 weeks because she picked him up early during my summer visitation. The judge told us to figure out the dates. she said any day is fine. I told her it was going to be after my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 7, 2017

I gather she expects to give birth at the same time the child is supposed to board the plane, and no one else is "available" to bring him to the airport. If you want to be more proactive, file a motion ASAP.

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: How do I get custody of my daughter if I know she's in an unsafe environment with her mother?

My ex has a drug problem and has been in and out of rehab multiple times. She has lost her government assistance and has no job to my knowledge. My 2 year daughter is picking up bad habits because my ex smokes weed, cigarettes, and possible other substances in front of her. My ex also has... View More

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answered on Sep 2, 2017

If you already have a custody order, file a Motion to Modify Custody. If you don't have a custody order yet, file a Complaint for Custody. The court system has forms online for this purpose. DR-411 is the Complaint, and DR-700 is the Motion to Modify.

It wouldn't hurt to talk to...
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1 Answer | Asked in Family Law and Juvenile Law for Alaska on
Q: If I enroll in college before I turn 18 can my mother remove me from college for any reason

I would apply for federal aid

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answered on Jul 23, 2017

This may be a matter of policy at the particular college you pick. In general, until you turn 18 your parents have legal custody of you. This means they have decision making authority, and they are the ones who are supposed to sign admissions paperwork, etc. However, some organizations make... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Alaska on
Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold

Can I stop them from selling the house since Ive lived here for almost 6 yrs taking care of my grandparents they won't let me buy it they have a power struggle issue and won't even give it another thought and I have the means to pay it off alztimers disease is horrible

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2017

You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Alaska on
Q: I moved back home in 2012 to care for my grandparents during their last days it's been 5 yrs since my grandma has passed

My grandpa is 88 suffering of alztimers ive had no help from any family what rights do I have when he dies concerning his house can I pay off the morguage and stay here if my family wants to kick me out

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2017

If your grandparents had validly executed (while they were still mentally competent) wills, their estate passes by the terms of the wills. If not, by the intestacy statutes. I don't believe there is anything that would compensate you for taking care of them.

1 Answer | Asked in Adoption and Family Law for Alaska on
Q: Foster parents rights to adoption what are the legal options?

We have had a child for 3 years since she came out of the NICU at 41 days. She was born addicted to heroin. Her mother has only seen her three times in almost three years. They have 15 months to show improvement. No relatives were found in Alaska to take her and out of the blue one shows up a great... View More

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answered on May 31, 2017

You should first do everything you can to work things out with the social worker. If possible, you should try to get the guardian ad litem to advocate in your favor. If you have no luck with the social worker, go up the chain to his/her supervisor, and on up. OCS has broad discretion to make... View More

1 Answer | Asked in Divorce and Family Law for Alaska on
Q: What does "I further allege the following as my affirmation defenses" mean in a divorce answer filing?
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answered on May 7, 2017

It probably means the person who wrote the Answer was trying to sound legal. He/she probably meant "affirmative" defenses. Certain types of defenses need to be specifically listed in an Answer. If a party lists them, it just preserves the right to argue them later. However, most of... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Alaska on
Q: Can someone who has had their parental rights terminated from all of their children, adopt another child?

My mom and I take care of my sisters children who have been placed with us for a while now under her foster care license. Someone told me that if a parent has had their rights terminated, that they can not adopt a child. I was just wondering if this is true.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 20, 2017

No. The court would look into the reason for the TPR, but it would be a case-by-case determination.

1 Answer | Asked in Criminal Law and Family Law for Alaska on
Q: Hi my sister who is legally age took mostly all of my belongings without permission and packed them up while i was away

What charges can i press in Alaska on her?

I am 22.

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answered on Mar 21, 2017

Although you are family members, neither of you has an obligation to the other that goes beyond what two strangers would have. This isn't a matter of family law. You could report your sister's acts to the police, or you could bring a civil lawsuit yourself. Unless the property value... View More

2 Answers | Asked in Estate Planning and Family Law for Alaska on
Q: I live on property that my father owns. I want to be sure that I get this property if he passes.

He wants to leave the property to me as my husband and I have a small home business here. If he leaves it to me in a will is that all we would need?

Ben F Meek III
Ben F Meek III
answered on Feb 26, 2017

Generally, your father, if he is still mentally competent and capable of forming testamentary intent, can make a will leaving his property to whomever he wishes. If he agrees with you, have him make a will leaving you the property. If he doesn't make a will, you alone would inherit the... View More

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1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Can I hire a attorney that does unbundling service and then hire that same attorney to be at the hearing or trial?

I found a couple of Alaska Family Law Attorneys that offer full representations and unbundling services.

Can I hire a attorney for unbundling services to file motions, then hire that same attorney later to fully represent me in court?

If I hire a unbundling service attorney and I... View More

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answered on Feb 15, 2017

Yes, both those things are possible. That is, they are not prohibited by any ethics rules, etc. However, you would need to ask the particular lawyer whether he/she is willing to move from unbundled assistance to full representation and a court appearance. Some are and some aren't. You... View More

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