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Alaska Questions & Answers
2 Answers | Asked in Immigration Law for Alaska on
Q: I entered the US on VWP and have been overstated for 2 years. Is it possible to apply Green Card?

Also my sponsor(husband) is in military and we have a child.

Adan Vega
Adan Vega answered on Jan 3, 2022

Your husband can file the FORM I-130/I-130A ( Relative Petition) with USCIS.

If he is a U.S. citizen then you can also file for adjustment of status by submitting the FORM I-485 in that you have lawfully entered the U.S. through the ESTA program.

An experienced immigration attorney...
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1 Answer | Asked in Patents (Intellectual Property) for Alaska on
Q: As a grandchild of my grandfather, who is now deceased , can I try to sell his patent with permission from his wife ?

My grandpa and his friend invented something and have had a patent. Is it possible for me , his grandchild , with permission from his wife , take over his half of the patent to try to sell it ?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 15, 2021

This is not really a patent question. This is a question under state law of whether your grandfather assigned the invention to another party. If he assigned his rights, you have nothing to license to anyone. If there was a contract, then maybe there is room to regain the rights.... Read 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
Stefan Otterson 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... Read more »

1 Answer | Asked in Employment Law for Alaska on
Q: Employment law question: if I work at will, 29.5 a week, low long in advance I need to submit my resignation letter?
Brad S Kane
Brad S Kane answered on Oct 23, 2021

At will employment means both you and your employer can terminate your employment relationship at anytime.

While employers often request two weeks notice, it is not legally required, unless you signed a contract for a definite term. Even if there is a contract for a definite term, the...
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1 Answer | Asked in Divorce for Alaska on
Q: I'm in a divorce with no underage children. I have a question about emotional abuse and mediation:

1. I'm told that the court is only interested in dividing assets. Would the emotional abuse that prompted my filing for divorce likely have any bearing on the outcome?

2. My husband has made it clear that he wants to part with as little of our assets and funds as he can. He has no... Read more »

Stefan Otterson
Stefan Otterson answered on Sep 8, 2021

1. The reason for the divorce is generally not relevant to property division.

2&3. In Alaska, mediation is always voluntary. The court will order mediation if the parties both agree it would be useful, but would probably not do so if one party tells the court that emotional abuse...
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1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Alaska on
Q: Can I sue for improver covid isolation and obligated to return to work being covid positive? I'm not feelin well.

I work for a cannery in Alaska 16hrs shifts, they provide food and room. They hire us from out of state. I tested positive last month and this month again due to a roommate having covid. I have chest pain and can't return to work and I still have covid. tested positive three days ago. I... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 29, 2021

This is something that an experienced workers' comp attorney should advise on, but your question remains open for two weeks. COVID has introduced new issues in the workers' comp sector, so it would be best for you to reach to an experienced attorney. Many law firms in this field offer... Read 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
Stefan Otterson 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... Read 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
Stefan Otterson 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... Read 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... Read more »

1 Answer | Asked in Probate for Alaska on
Q: My mom died she had a will, left the house and property to my daughter, I've lived in that house for 18 yrs my daughter

My daughter hasn't filled out for probate yet and she is trying to kick me out or make me pay rent. Does she have the right that?

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2021

If the Will has not been filed for Probate, then it has no effect. The real property will be owned by the Mother's Heirs At Law as Tenants In Common. At this juncture, it appears you have lawful possession as one of the owners.

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... Read more »

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Copyright for Alaska on
Q: Can I file a copyright for already published artwork (cartoons specifically)?

My husband is an illustrator (mainly cartoons). He draws a couple new ones every week, which are released at the same time. Is it possible to file a copyright for all of his already published works? They are all of the same character, from the same line.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 24, 2021

It can be a tricky question.

In essence you can register a collection of non published creations.

If it is already published, then it has to be individually.

It may depend on the context.

You should consult with an attorney and explore your options.

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... Read more »

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: When is the first full week of a month?
Phyllis Shepherd
Phyllis Shepherd answered on May 5, 2021

I have seen child custody decrees that allow the parents to define what the first full week of the month means for purposes of the decree. For example, the parents can agree that the first full week of the month starts with the first Sunday of the month followed by six consecutive days.

1 Answer | Asked in Family Law for Alaska on
Q: Ex. wife wrote a letter to the judge and I after her motion was denied.

The letter was full of slander and comments aimed at destroying my character. In the original motion my ex. asked to have the kids during the school day. Her motion was denied. She also stated my payments are not current for her credit card. The judge asked her to provide proof of this. Instead, of... Read more »

Phyllis Shepherd
Phyllis Shepherd answered on May 5, 2021

It is an ex parte communication to the judge, but if it is made part of the court file available for public viewing, then you could file a motion to make this letter to the judge confidential or sealed under Alaska Administrative Rule 37.6 ( b)(2) dealing with privacy interests.

Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My kids were homeschooled by both parents in our separate homes this year. I can't make this accommodation next year.

Our divorce began as COVID 19 started. My ex. and I pulled the kids from in person learning as the schools COVID rates were sorted out. Fast forward to now, we have 1 case every few weeks in our small rural Alaskan village and the school has implemented an effective mitigation plan keeping kids... Read more »

Phyllis Shepherd
Phyllis Shepherd answered on Apr 28, 2021

I will assume that you do not have a court order granting either parent sole legal custody. Assuming both of you are equally good parents, courts prefer that equally good parents cooperate for the best interests of the children. Pediatricians and other health care professionals recognize the... Read more »

1 Answer | Asked in Employment Law for Alaska on
Q: Can an employee say willful disregard for employers imterest after employee worked over 48 hrs every week for 6 years .

I worked 80hrs week b4 1st suspension, and I worked 14 1/2 hrs when they suspended pending term. Both times I showed up I was just late due to oversleeping. Was exhausted.this happened after I told my regional I needed to speak with him it was an emergency that the job I transferred to wasn’t... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 7, 2021

As long as you are being properly compensated for the hours you are working, there is generally no limit on the hours an employer can ask you to work. If you are late to work for oversleeping, your employer can discipline you. If you have unpaid wages, as you mentioned, you should contact an... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: Can custodial parent send child to spend summer out of state without noncustodial parents permission?
Phyllis Shepherd
Phyllis Shepherd answered on Mar 19, 2021

I am assuming that this child is a resident of the state of Alaska and the fact that you call one parent custodial and the other parent noncustodial, suggests that there is an Alaskan court order governing this situation. If the court order does not mention the situation of a child traveling out... Read more »

1 Answer | Asked in Child Support for Alaska on
Q: Alaska child support took my drivers license because they couldn't locate me do I have any options
Phyllis Shepherd
Phyllis Shepherd answered on Mar 5, 2021

There is the possibility of filing a Petition for Expedited Relief from Driver's License Action or Occupational License Action with the Superior Court.

1 Answer | Asked in Real Estate Law for Alaska on
Q: how do I add my daughter name to our title.
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hire a competent Alaska attorney to draft a Deed. You can have a life estate/remainder deed, tenants in common, joint tenancy with right of survivorship, or many other types of future interest deeds. It may need a title search besides just examining to last Deed.

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