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1 Answer | Asked in Child Custody for Alaska on
Q: The father of my childern lost custody of my childern to ocs, they didnt call me to pick up my kids

Now ocs is saying my house needs to be cleared to get my kids back. There was an incident that happened with the father and his new gf, and the officer involved instead of taking them into custody wrote an ocs report. My childern were not present in that altercation. The following morning I went to... Read more »

Stefan Otterson
Stefan Otterson answered on Jun 29, 2020

There is no simple answer to your question, other than the following general principles.

1. Make contact with the social worker and cooperate with OCS to get yourself and anyone else in your home checked and cleared.

2. Unless you can afford a private attorney, submit a request to...
Read more »

2 Answers | Asked in Admiralty / Maritime, Landlord - Tenant and Small Claims for Alaska on
Q: Failure to pay for storage on a boat storage lot

I am assisting a friend that allows boat storage on his property. He has 2 boats that have been on his lot for over 24 months with no contact by the boat owners. What statutes or procedures address contacting the owners and or seizing the boats absent payment of the back rent. There is no... Read more »

Alberto J. Castaner Esq.
Alberto J. Castaner Esq. answered on Jun 18, 2020

Good afternoon:

You must look into Alaska state law for available remedies. If the contract was purely for land storage and no maritime services were rendered, maritime law would not apply and the land owner may not seize (or arrest) the vessel in federal court under admiralty procedures....
Read more »

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2 Answers | Asked in Bankruptcy for Alaska on
Q: When is the right time to file for bankruptcy, Can fed student loan be included,What should I not default on/or d on 1st

I have an enormous amount of debt (school loans (federal and private), credit card, mortgage, and car loan). I had a high paying job, but had a mental breakdown. For the next year I will get disability money which is fairly high (enough to cover minimum payments on debt not pay it off), but after... Read more »

David Luther Woodward
David Luther Woodward answered on Apr 24, 2020

You have question that only YOUR bankruptcy lawyer can answer, so go find a good one in your community.

Changes are coming about in the law about the discharge-ability of student loans, so you need your own lawyer for this. But it is possible.

I don't envy your situation, but...
Read more »

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1 Answer | Asked in Medical Malpractice for Alaska on
Q: Has anyone ever won a medical malpractice lawsuit in Alaska
Tim Akpinar
Tim Akpinar answered on Apr 18, 2020

Yes, they have. If you have a matter you contemplate for a case, you could contact a medical malpractice attorney who practices in Alaska. Most attorneys in this area offer free initial consults. Good luck

Tim Akpinar

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: My ex girlfriend and i have 2 children together.there is no legal custody agreement.i have always had them on the weeken

Weekends holidays and most of the summer.the kids want to be with me more but when i go to pick them up there mother locks the door and wont let them out of her house is that legal?also what can i do about it and what are my rights as a father

Stefan Otterson
Stefan Otterson answered on Apr 7, 2020

Your rights are exactly the same as the mother's. However, there's nothing to spell out what that means. If the two of you don't agree how to manage in that completely undefined environment, then either of you can file a Complaint for Custody with the court. Ideally you would... Read more »

1 Answer | Asked in Bankruptcy for Alaska on
Q: Chapter 7 filing: I was told my gross income exceeds allowable income for Chapter 7 filing. My deductions off my gross

Mandatory deductions of my gross income are equal to or more the 50%.

Timothy Denison
Timothy Denison answered on Mar 1, 2020

Gross income is before and deductions. Mandatory deductions or not, it is still income. Consult a local bankruptcy attorney and compare a chapter 7 v 13. That might help.

1 Answer | Asked in Trademark for Alaska on
Q: Id like to use the same name of a co located in another state who has trademarked, but I am unsure what is protected
Tania Maria Williams
Tania Maria Williams answered on Feb 4, 2020

If by "trademarked" you mean that the company has a registered mark with the USPTO, there are a number of things that go into whether or not you should use a same or similar name. A registered mark, gives a trademark owner priority over other users in the same class on a national level.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Alaska on
Q: I'm researching existing prior art (using Google Patents), & I've been having a hard time with the "Application Events."

Here's an example:

2006-09-19: Application granted

2020-01-15: Application status is Expired - Fee Related

2024-05-04: Adjusted expiration

My question is re: the last two lines. Is the expiration truly now 2024, not 2020? I'm just not sure how those fields... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 15, 2020

Google is not the definitive record. If you have anything that looks odd, you need to go to the official record which is accessible by https://portal.uspto.gov/pair/PublicPair

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Small Claims for Alaska on
Q: I inherited land from my mom when she passed but never got the land now it's been sold where do I stand to get my share?

The person who held the land filed bankruptcy then sold the property before giving me anything including that he was going to sell.

Timothy Denison
Timothy Denison answered on Nov 19, 2019

If someone else other than your mother held title to the property, you don’t have anything to inherit. Assuming there was a legal basis for your claim to the property, you probably should have intervened in the bankruptcy. If you weren’t listed as a creditor, you can possibly still maintain... Read more »

1 Answer | Asked in Divorce for Alaska on
Q: Divorced in AK & I was awarded spousal support & right to move to out of state. He isn't paying my support.

He keeps making motions knowing I am running out of money to pay to defend them plus I can't afford to keep flying to Alaska. I have to take care of my child (who I was awarded full custody of) plus the airfare is just another expense.

Stefan Otterson
Stefan Otterson answered on Nov 18, 2019

If you win those motions, you can ask the court to have him pay a portion of your costs and attorney's fees.

You can participate in the hearings by phone. It would take some extra work to file exhibits, etc. in advance, and it's not as good as being there, but it would send a...
Read more »

2 Answers | Asked in Antitrust, Banking, Business Law and Civil Litigation for Alaska on
Q: law school as difficult as people think?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 14, 2019

More difficult

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1 Answer | Asked in Employment Law and Civil Rights for Alaska on
Q: Can a company use screenshots taken from a private message on social media to discipline an employee?

A coworker’s social media account was accessed by another employee on a work computer. Screenshots were taken by employee who was not intended recipient. They are being used against me in a disciplinary meeting. Neither of the intended parties gave permission for screenshots to be taken of... Read more »

Greg Mansell
Greg Mansell answered on Nov 6, 2019

If you work for a private employer, yes. Your employer can take action. The employee who intercepted them, however, may have violated laws in how they were obtained.

Q: My house is paid for and I want to get a patent on it under intellectual property can I do that?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 11, 2019

Nope.

This is an example of a legal word having two different meanings. The word patent used to mean a right that was granted by the monarch or the government for something, including a right to hold some land, or the exclusive right to sell a certain product in the kingdom. Nowadays,...
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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Alaska on
Q: Can we move out of state with our child and have the cases transferred

Our son is a child in need of aid but the court granted us full custody and rights over our child. We were in the process of moving to Texas to be with family can we still move and have our case transferred. We have another hearing in 6 months and how fast can we leave

Stefan Otterson
Stefan Otterson answered on Oct 10, 2019

More information is needed to answer you question. Child custody jurisdiction usually requires that you and the child reside in the new state for at least 6 months before that state can handle custody matters. However, that's not automatic, and if the other parent still resides in the... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: My ex and I have joint custody. In 2009, she took my children from Alaska to Germany with no intent on returning.

My two older kids returned (they’re adults now) but my son remained with his mother. They left in the middle of the night and I have not seen or heard from my son since. What are my rights as his father? Can I have the court make her return him or at least let him come visit?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2019

Yes, but it might be difficult to enforce the court order in Germany. Also, why have you waited so long?

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: My 19 month old was taken without notification an unfounded. How do I get her back now?!

My 19 year old daughter took my 19 month old for an overnight visit she went to OCS and she said the father and I are on heroin which is unfounded and a lie we both have random UA's for different reasons. him-Court reasons and myself-my doctor. it is a completely false allegation my daughter... Read more »

Stefan Otterson
Stefan Otterson answered on Jul 22, 2019

Call OCS (269-4000 if you're in Anchorage). Give your child's name and ask to be connected with the assigned social worker. You'll probably get voicemail, so leave all your contact info and let him/her know you have not received notice. If you don't reach the social worker... Read more »

1 Answer | Asked in Tax Law for Alaska on
Q: Can citizens place a local property tax limitation ballot initiative on a ballot?

Local govt has said it's unconstitutional, but quoted dedicated funds provision. The ballot initiative doesn't dedicate any funds; it just limits growth of property tax imposition.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2019

I have never seen any government be helpful to citizens trying to limit taxes--because they all want more taxes, not less. Keep trying.

1 Answer | Asked in Divorce and Family Law for Alaska on
Q: My husband works away from the home for weeks at a time and has left us how can I get him counseling so we dont divorce?

My husband just decided that I’m evil and he doesn’t love me but I know he does he runs away from his family he won’t talk to any of us his wife or kid he left me with the house which I can’t afford I was a stay at home mom for 15 years and he forced me into a job I have no education and I... Read more »

Stefan Otterson
Stefan Otterson answered on Jun 10, 2019

There really isn't any legal process you can use to prevent a divorce from happening or to force a spouse into counseling. If he does file a divorce complaint and custody is at issue, the court will sometimes order a party (more often both parties) to be evaluated, but that's only if... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: OCS hasn't taken custody from me yet,but are going to. currently my mother has temp guardianship but ocs says that she

Is not a good match because she has had ocs calls on my younger brother. Any past cases have been closed and have been for several years with her so can I give full custody to my mom without OCS approval

Stefan Otterson
Stefan Otterson answered on May 30, 2019

Your question is a good one, but there's no way to assess whether your mother would be a suitable placement based on the number of years since prior calls. It depends on what the prior calls were about, and whether OCS determined she had committed abuse or neglect, and what type. Also... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: I would like to move out of AK, I am not married to the father. Can I take the child out of the State? Is it legal?

I can not afford an Attorney, is there any way to ask for physical custody without one? What are my best options as the sole provider

Stefan Otterson
Stefan Otterson answered on May 23, 2019

Yes, you can take the child out of state. Either parent can legally do that. Just be aware that without a custody order, the other parent can also legally come to the other state, pick the child up from school or daycare, and take the child back to Alaska. The fact that it's legal... Read more »

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