Alaska Questions & Answers by Practice Area

Alaska Questions & Answers

Q: I got sick because I was surrounded by germs in my doctor's waiting room. Any chance I can sue for medical malpractice?

1 Answer | Asked in Medical Malpractice for Alaska on
Answered on Dec 9, 2018
Timur Akpinar's answer
I don’t practice in Alaska but your question remains open for two weeks. In general in a med mal case, a medical practitioner would have needed to breach a duty of care, injuries/damages would have resulted, and there would be a causal relationship between the breach and the injuries. An attorney could ask how you know you didn’t become sick elsewhere, and what medical records do you have to substantiate becoming sick. Additionally, doctor’s waiting rooms can be high-traffic areas known...

Q: My granddaughter was taking from my daughter by OCS can I get her back

1 Answer | Asked in Family Law for Alaska on
Answered on Nov 29, 2018
Stefan Otterson's answer
There's not enough information in your question to say more than "maybe," but that's usually the answer anyway. There is a possibility that your daughter could get the child returned to her if she agrees to a safety plan and follows through. Even if OCS keeps custody, they will give her a case plan, and if she follows that, they will return the child to her. In the mean time, you can ask to be the placement for your granddaughter. They're supposed to give preference to relatives. If...

Q: My ex and me hav 2 kids 9 months and a 2 year old. I’m planning to leave state he won’t allow me no and he agreed before

1 Answer | Asked in Civil Litigation and Child Custody for Alaska on
Answered on Nov 19, 2018
Stefan Otterson's answer
There's nothing to stop you from leaving. Both of you have equal rights, so there's nothing stopping him from leaving with the kids either. If you leave without working it out with him first, he can file for a custody order and ask the court to order the kids returned to Alaska. Alaska will have jurisdiction unless he waits at least 6 months before filing. Normally the court wouldn't remove the kids from the parent who had them 95% of the time, but if the way you left looks like you're...

Q: I was placed on felony probation after serving time for a felony dwi it will be 10 years ago this may I would like to ca

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
You will want to talk to an Alaska attorney who does criminal defense to see if they will consider dismissing your case in your circumstances.

Q: I recently was charged with a DUI no roadside test was asked of me intel brought to station. I blew a 0.49 then blood

1 Answer | Asked in DUI / DWI for Alaska on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
That is an interesting fact pattern. I am not licensed to practice law in AK so I cannot give legal advice there. I recommend you contact a skilled AK dui lawyer. Obviously this did not happen in VA so what we do doesn't help you there but in VA I think they would have issues with the blood draw. But AK may have different rules so contact a skilled AK DUI lawyer who can guide you through the process.

Q: How do I find a lawyer that will do my case as a Pro Bono? I don't have much money if any and I really need some help.

2 Answers | Asked in Criminal Law, Domestic Violence and Wrongful Death for Alaska on
Answered on Sep 29, 2018
Gary Kollin's answer
Yes. There is an entire law firm. It is called the Public Defender's Office.

If you asking I seek a law firm for you, what can I tell the firm about the following?

What makes you special that you should deserve free services?

Have you paid it forward? That means what have you previously done without compensation without any belief that you would ever receive any benefit. Saying you would do it now is not paying it forward; it is better.

Q: How can we move out of state with a 50/50 custody plan? I am the mother with a significant other. I have no family here.

1 Answer | Asked in Child Custody for Alaska on
Answered on Sep 25, 2018
Stefan Otterson's answer
When you say we, I assume you mean you want to take the children with you, but the father would stay here. Unless you have an unusual custody schedule, you won't be able to follow it after you leave. That means you need either an agreement to change the schedule (and the custody percentage) or a court order. Preferably you would reach an agreement and then submit it to the court to have it reduced to an order. If you are not able to agree, then you'll have to file a Motion to Modify...

Q: can I file a chap 7 or 13 as an individual so as not to affect my wife

1 Answer | Asked in Bankruptcy for Alaska on
Answered on Aug 18, 2018
Timothy Denison's answer
Yes, so. long as she is not a joint debtor on your debts. If she is, she must be listed in your bankruptcy.

Q: OCS took my kid because I admitted to a previous urine analysis but am now in treatment

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Alaska on
Answered on Aug 18, 2018
Gary Kollin's answer
You should have an attorney by now either appointed or retained.

You should be directing these questions to your attorney

Q: I’m applying for a trademark for my retail company. Can I get one if I produce nothing of my own?

1 Answer | Asked in Trademark for Alaska on
Answered on Aug 9, 2018
Nyasha A. West's answer
You may trademark the name of your company.

Q: Ex wife and I share 50/50 custody. She sent the kids out of state without my permission. Is there anything I can do?

1 Answer | Asked in Child Custody for Alaska on
Answered on Jul 31, 2018
Stefan Otterson's answer
It depends on whether you're talking about a long-term or short-term trip out of state. If it's long term, then she isn't allowing you to have the children 50% of the time, and you can file a motion to enforce the shared custody. If it's a short term trip during her time, it depends on what the custody order says about out of state travel. If she's violating a provision of the order then you can file a motion to enforce that provision. If the order is silent, then you can't complain...

Q: My boyfriend is an addict with a history of domestic violence in previous relationship. Can I take our 2 kids and leave?

1 Answer | Asked in Family Law for Alaska on
Answered on Jul 8, 2018
Stefan Otterson's answer
If you have no court order governing custody, you can do whatever is reasonable under the circumstances. However the father has equal rights, so you will need to get a court order. If there has been domestic violence, then you should get a restraining order. This is something you can do without a lawyer, as the courts have a simplified process for that type of case. There are forms for you to use and the court clerks are generally very helpful. The DV court can grant custody if it seems...

Q: What age can a child say they dont want to go over to the other parents house in alaska?

1 Answer | Asked in Child Custody for Alaska on
Answered on Jul 8, 2018
Stefan Otterson's answer
A child never gets to make that choice, as it is an adult decision. If the parents don't agree, the court will consider the preference of a sufficiently mature child along with all the other factors. Preference alone is usually not the determinative factor. However from about age 14, the court will give it more weight if the child seems intelligent, mature, and has been making good decisions in other areas of his/her life.

Q: If a judge gives you a third party as bail and tells you he will not approve a civil rights violation

1 Answer | Asked in Civil Rights for Alaska on
Answered on Jul 5, 2018
Gary Kollin's answer
What is a third party as bail and under what circumstances did the judge not approve?

You have a criminal case, therefore you have an attorney.

Have you asked your attorney?

Q: Hi, I’m 18 and I was wondering if I could collect the child support money and put it into my bank account?

1 Answer | Asked in Banking and Child Support for Alaska on
Answered on May 22, 2018
Terrence H Thorgaard's answer
Child support is not owed to the child, but to the custodian. The person with whom you are living could possibly seek child support from your parents.

Q: Can I leave Alaska with my 2 month old child if not legally married?

1 Answer | Asked in Child Custody and Family Law for Alaska on
Answered on Apr 30, 2018
Stefan Otterson's answer
There is nothing to prevent you from moving, if that's what you need to do. Just do it in a way that respects the father's rights. The best practice is to file a custody case before you go, and get interim approval from the court for your move. If you don't have the resources to do that, then move now and file for custody once you're settled. You should give the father your new contact info as soon as you can, and try to make it easy for him to visit as much as the distance will allow....

Q: If my 2 prior children were taken by ocs, and i have another child, will ocs automatically have rights to get involved?

1 Answer | Asked in Child Custody for Alaska on
Answered on Apr 17, 2018
Stefan Otterson's answer
First, OCS will only get involved if someone makes a report. If you have normal pre-natal care and are not under the influence of anything when you give birth, the hospital probably won't report. However, if your mother isn't convinced you're clean and sober she could file a report. If that might happen, you should collect all the documentation you'll need to show OCS you are in a different situation. Having a regular job and keeping up on your mortgage payments goes a long way, if you...

Q: So, the police in my city took my firearm as evidence back in december and the prosecutor sent them the release in Jan.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on
Answered on Apr 16, 2018
Timothy Denison's answer
Send the detective a certified letter requesting release of the property or the reasons why the property is not being released. If there is no response, you should contact a lawyer and have him send a letter prior to filing suit.

Q: What happens to the back child support when the custodian parents dies and the child is over 18

1 Answer | Asked in Child Support for Alaska on
Answered on Apr 16, 2018
Terrence H Thorgaard's answer
The past-due child support debt is a part of the deceased custodian's estate.

Q: We signed our daughter over to my mother after ocs battle and my mother won't let us be apart of my daughters life.

1 Answer | Asked in Family Law, Adoption and Child Custody for Alaska on
Answered on Apr 10, 2018
Stefan Otterson's answer
Your rights depend on the paperwork you signed. If you agreed to a guardianship then the visitation provisions in the order can be enforced, or if there are no specifics, then visitation can be reviewed by the court at your request, and visitation provisions can be added. If you signed a relinquishment so that your daughter could be adopted, then there is no option for court review unless you specifically reserved visitation rights in the relinquishment you signed, and the court included...

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