Alaska Questions & Answers by Practice Area


Alaska Questions & Answers

Q: If I have sole legal and physical custody of my child, dad has visitation, and I die, will he be awarded custody?

1 Answer | Asked in Child Custody for Alaska on
Answered on Sep 18, 2017

The custody order only divides up parental rights between the two of you. If either parent dies, that division is no longer relevant. The surviving parent would have priority over any other person unless a court determines otherwise. That determination would have to be done based on the circumstances at the time of the other parent's death. You could designate a guardian to take responsibility if both parents die. However, if you die first, you'd have to arrange for someone to file a...
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Q: My Ex had financial trouble lost her house in Nassau and send the kids back for a year to me. Do I pay for that yea

1 Answer | Asked in Divorce and Child Support for Alaska on
Answered on Sep 3, 2017

I assume you're wondering about child support. That goes based on your court custody order, and it doesn't change until you get it modified by the court. If you don't have a court order, you may be able to do the modification through CSSD, if they're involved. The key point is that there's no retroactive modification, so if it's clear you're going to have them for a year, you should go ahead and request that child support be modified to reflect that. Don't wait till the end, because it will...
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Q: How do I get custody of my daughter if I know she's in an unsafe environment with her mother?

1 Answer | Asked in Family Law and Child Custody for Alaska on
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 a lawyer first so you know how to approach it, and so you can decide whether to manage the case yourself, or hire a lawyer to manage it for you. Getting full custody is not easy. The courts favor sharing....
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Q: my daughter has been living with her father for 3 years now and wants to move back to live with me.

1 Answer | Asked in Child Custody and Juvenile Law for Alaska on
Answered on Sep 2, 2017

If you have custody under a court order, there would be little risk for you to fly her home. The important thing is to keep the father in the loop. Just keep your daughter safe and work together with her father. If you can't do both, err on the side of keeping your daughter safe. Just keep in mind that a judge may be asked to review what you do. If it's all reasonable and you didn't do anything aimed solely at harming the father's relationship with your daughter, it should be fine.
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Q: I am looking to buy a lot that is about 0.36 acres but I want to buy only half. What are my options?

1 Answer | Asked in Real Estate Law for Alaska on
Answered on Aug 26, 2017

Check with the borough or municipality in which the lot is located. What you are proposing may be a violation of a local subdivision ordinance, as well as the zoning code.
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Q: In court language anchorage ak what does just 3AN-P mean or represent.

1 Answer | Asked in Criminal Law, Traffic Tickets, Landlord - Tenant and Public Benefits for Alaska on
Answered on Aug 11, 2017

It could be part of the case number.

3 = Third Judicial District

AN = Municipality of Anchorage

P = probate (?)
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Q: My Uncle and his ex- girlfriend bought a house in Alaska.He wants to sell the house, but she refuses.

1 Answer | Asked in Real Estate Law for Alaska on
Answered on Aug 11, 2017

File suit against her to "partition" the property.
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Q: Hi. My i recently told my ex-gf to move out, and that our daughter stays with me in a stable household.

1 Answer | Asked in Child Custody and Child Support for Alaska on
Answered on Jul 27, 2017

Yes, it is completely legal. Until you get a custody order, you both have equal custodial rights. Hiding from you isn't a good thing, but since she filed for custody, you now have her address and a forum for determining how to arrange custody between the two of you. If you ask for it, the court will normally order equally shared custody until a final determination can be made. If spending half the time with your ex isn't safe, you can ask the court for primary custody, with your ex...
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Q: If I enroll in college before I turn 18 can my mother remove me from college for any reason

1 Answer | Asked in Family Law and Juvenile Law for Alaska on
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 exceptions. In many school districts, they have programs that allow runaway kids to register themselves. This is supposed to serve the goal of universal education. Your college may have a similar...
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Q: Army : Transfer from Active duty to Reserve

1 Answer | Asked in Military Law for Alaska on
Answered on Jun 25, 2017

You can ask, but you don't have a legal right to do so, if that's what you are asking.
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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

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Antitrust for Alaska on
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.
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Q: If a cell phone carrier gives me a free phone, can they bill me for it later even if I never signed a finance agreement?

1 Answer | Asked in Consumer Law for Alaska on
Answered on Jun 25, 2017

Be careful to read all of the terms and conditions. But yes: if they actually gave it to you it's yours.
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Q: Does bail money for failure to appear to court, forst DUI, get put towards fines?

1 Answer | Asked in DUI / DWI for Alaska on
Answered on Jun 25, 2017

If you put the money up, and if you abided by the terms of the bail, you will get the bail returned to you. So yes, it can be applied toward your fine. If a bail bondsman posted bail, the amount he or her charged you doesn't get returned to you.
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Q: Can a Felon with DUI CLASS C FELONY legal buy and Posess a firearm in Alaska?

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on
Answered on Jun 17, 2017

It's a federal crime for a convicted felon to possess a firearm. So unless the state site references the federal law it's incomplete.
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Q: I am a mental health provider who received a subpoena to appear but I am no longer employed at the facility.

1 Answer | Asked in Health Care Law and Employment Law for Alaska on
Answered on Jun 17, 2017

Tell them that, obviously.
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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

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Alaska on
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.
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Q: Foster parents rights to adoption what are the legal options?

1 Answer | Asked in Adoption and Family Law for Alaska on
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 placement decisions, so you're at a big disadvantage if you have to challenge them in court. If all else fails, you can intervene in the CINA proceeding to file a motion for placement, and ask for a...
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Q: What does "I further allege the following as my affirmation defenses" mean in a divorce answer filing?

1 Answer | Asked in Divorce and Family Law for Alaska on
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 them have nothing to do with the issues you are dealing with in a divorce.
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Q: Judge awards property to spouse in divorce.

1 Answer | Asked in Divorce for Alaska on
Answered on May 5, 2017

If your former spouse refuses to comply with a requirement of your property division order, you can file a motion to enforce the order. You would file it under the divorce case number.
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Q: Ancillary Probate Documents and timeline required

1 Answer | Asked in Probate for Alaska on
Answered on Apr 26, 2017

In general you would have to lodge the order you want the judge to sign, as well as the letters of ancillary administration. In some places there is a court official appointed as probate administrator; you might want to call that person's office for clarification as to what else might be needed.
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