Alaska Questions & Answers by Practice Area


Alaska Questions & Answers

Q: i recieved a registered letter from state farm saying my accident was my fault. i did not receive a moving violation.

1 Answer | Asked in Car Accidents for Alaska on
Answered on Jan 4, 2018

Anyone can send anything. If you were hurt in the wreck, contact a member of the Alaska Assn for Justice--they give free consults. Not clear if they are your company or the other persons. If the other persons, give their letter to your insurance. Do not give any company a statement until you've spoken with an attorney.
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Q: My granddaughters was dropped off at my house by her mother. She refuses to help. Where do I stand legally.

1 Answer | Asked in Child Custody and Family Law for Alaska on
Answered on Dec 23, 2017

If the mother is pressing her rights, you will have difficulty opposing her unless you get a court order granting you custody. In the mean time, you can enlist the help of the father, who presumably got custody at the hearing you referenced. He could give you a power of attorney for the older child if he got custody of both. Be sure to get a copy of his custody order along with the power of attorney. However, a power of attorney from one parent won't always stand up when the other parent is...
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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.

1 Answer | Asked in Child Custody and Family Law for Alaska on
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 be expensive if either of the legal parents contests it. You should schedule a consultation with an adoption lawyer. Once you've explained all the details, the lawyer will be able to give you your options and...
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Q: Does my mom have rights to her grandchild even though they took my rights?they never contacted my mom about this.

1 Answer | Asked in Family Law and Child Custody for Alaska on
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 not suitable. Prevailing at such a hearing might require some legal help. However, if she can convince the social worker that she is a reliable person, there's a good chance she won't have to go through all...
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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

1 Answer | Asked in Family Law and Child Custody for Alaska on
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 paperwork to request appointment of an attorney. If you've missed the initial hearing, ask for the date of the next hearing. If it's too far away, ask for paperwork to request an immediate hearing....
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Q: Is there a higher child support calculation if the non-custodial parent moves across country reducing his visitaation?

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

When you say non-custodial, it sounds as if you have primary custody (70% or more custody time). In that case, the other parent's visitation percentage does not change the support calculation (it's the same between 70 and 100% of the time). If the other parent wants the child support amount changed due to a change of jobs, then it's up to him or her to file a request with CSSD or a Motion with the court. You would receive notice of that, and could then file objections. If he/she claims...
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Q: If I have full physical custody of my child (shared legal),can I relocate (out-of-state) with no further filings needed?

1 Answer | Asked in Child Custody for Alaska on
Answered on Nov 27, 2017

There is quite a bit of grey area in the answer to your question. The best practice is to work out your agreement and then submit it to the court to get an updated custody order. You may want to run the agreement by a lawyer before signing if you have any questions, and to help you put it into the right format for the court to sign. Filing with the court would be simple enough that you should be able to it yourself using the forms on the court's website. You can get free help with the...
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Q: My boyfriend took our daughter to alaska

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for Alaska on
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 can't reach an agreement, you'll need to file a Custody Complaint. If the "visit" has been less than 6 months, then you would file in the Idaho courts. If your daughter has been in Alaska for more than 6 months, it gets...
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Q: Hi, I was wondering if I have to pay child support if I was the person who work for my children needs before the divorce

1 Answer | Asked in Child Support for Alaska on
Answered on Nov 11, 2017

Yes, either party to your marriage can sue for divorce, including child custody and child support. The non-custodial parent will be ordered to pay child support to the custodial parent.
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Q: My boyfriend wants to move out of Alaska. Can he take the kids if there is no custody arrangement without kidnapping

1 Answer | Asked in Family Law for Alaska on
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.
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Q: My daughters mother moved from Anchorage to TN. Who would be responsible for travel expenses back to AK for Christmas.

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

1 Answer | Asked in Child Custody and Family Law for Alaska on
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 matters weren't addressed at the modification hearing and the order is silent on how it affects the other provisions of the original order, then you can probably assume they remain in effect.
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Q: My 17 year old is being criminally detained in juvenile detention. In this scenerio have my rights been terminated?

1 Answer | Asked in Juvenile Law, Divorce, Family Law and Child Custody for Alaska on
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 state should be working with the parent who has legal custody. If a public defender has been appointed for your 17 year old, that attorney should be working with you, unless there's a disagreement about...
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Q: How do i file for divorce?

2 Answers | Asked in Divorce for Alaska on
Answered on Nov 1, 2017

You can either hire an attorney to draw up the paperwork or file it yourself using the resources provided by the court system. To make that decision, go to the court's website: http://courts.alaska.gov/shc/representing-yourself-info.htm.

Note that there is a phone number for the Family Law Self Help Center if you have questions about the mechanics of filing after reading through all the materials.

If all that's too daunting for you, then you should hire an attorney....
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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.

1 Answer | Asked in Family Law and Adoption for Alaska on
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?
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Q: If someone gets their kids taken by OCS and has a cousin thats safe to take the kids would they be able to?

1 Answer | Asked in Child Custody for Alaska on
Answered on Oct 23, 2017

OCS is supposed to give preference to blood relatives. There's a streamlined licensing process for relatives. However, someone who already has a relationship with the kids should also get preference (this isn't a statutory right, but it just makes sense.) OCS is short on foster homes, so they should welcome a volunteer, but they have to be able to trust that person. When OCS places a child, the caregiver becomes an agent of the state, and the state is liable for what they do. The social...
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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

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
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.
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Q: Hey so my female dog got knocked up and the male owner thinks she has full rights to my puppies and doesn't have to pay

1 Answer | Asked in Animal / Dog Law for Alaska on
Answered on Sep 24, 2017

No, unless a court of law determines that you so agreed.
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Q: Trying to confirm or debunk a claim I've come across, stating that in Alaska, it is illegal to get a moose drunk.

2 Answers | Asked in Animal / Dog Law for Alaska on
Answered on Sep 19, 2017

https://en.wikipedia.org/wiki/Talk%3AFairbanks,_Alaska#Moose_law
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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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