Alaska Questions & Answers by Practice Area

Alaska Questions & Answers

Q: My parents are withholding my 2 children from me with only their Father’s consent is this legal? There is no court orde

1 Answer | Asked in Child Custody for Alaska on
Answered on Mar 21, 2019
Stefan Otterson's answer
A power of attorney from one parent doesn't affect the other parent's rights. You can still do anything you would do if you were dealing directly with the father instead of the grandparents. However, you need to be careful in taking children from someone who has been the primary caregiver. Whether justified or not, if you abruptly take the kids, it may generate a report to OCS. The best approach is to work with your parents so you don't have to force the issue.

Q: Did I give up my rights to intellectual property after I came up with a clever business name for a friend years back?

1 Answer | Asked in Intellectual Property for Alaska on
Answered on Mar 4, 2019
Marcos Garciaacosta's answer
Very likely you did not retain any rights.

In part because of the time passed, also the fact he is using it.

You need to work an idea to develop any rights. Ideas themselves do not create property rights. It is their implementation.

Q: What symbol is used to indicate a registered Trade Mark owned by a business registered in Alaska?

1 Answer | Asked in Trademark for Alaska on
Answered on Feb 17, 2019
Marcos Garciaacosta's answer
if the mark was registered in the USPTO then you can use the circle R (r) next to the word, phrase or logo.

Contact me if you have any further questions.

Q: How can I get a pro bono? I need one for a criminal case. Can you please point me in the right direction.

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Construction Law for Alaska on
Answered on Feb 9, 2019
Gary Kollin's answer
The public defender is the one who provides legal services to the people without funds

Q: Ocs just overturned a substantiated finding of neglect. Can I now regain full custody as per the custody order?

1 Answer | Asked in Child Custody and Family Law for Alaska on
Answered on Feb 8, 2019
Stefan Otterson's answer
This is a delicate area, in the sense that the consequences of a mis-step can be grave. I think any lawyer would hesitate to say yes or no without a thorough discussion of the facts and a review of the OCS paperwork. Even then, OCS can be unpredictable in how they interpret their actions and policies, so solid answers may be hard to get. The safest thing would be to hold of on bringing your daughter back to the home until you have a clear OK in writing from OCS.


1 Answer | Asked in Criminal Law for Alaska on
Answered on Jan 12, 2019
Timur Akpinar's answer
Contact the Alaska Bar Association.

Tim Akpinar

Q: Hit by an uninsured driver - can I get insurance from others in the car?

1 Answer | Asked in Car Accidents for Alaska on
Answered on Dec 23, 2018
Timur Akpinar's answer
You could contact an attorney in Alaska to review your insurance policy for uninsured motorist coverage. Depending on coverage and injuries (I hope no one was hurt)/property damage, an attorney could advise further on what you should do next.

Tim Akpinar

Q: OCS took kids they are with family we have not been charged with anything yet. Can I leave the state to get this drop?

1 Answer | Asked in Family Law and Child Custody for Alaska on
Answered on Dec 17, 2018
Stefan Otterson's answer
It's hard to tell from the limited details you give, but if OCS actually took your kids, then they have custody. You will probably be served with a Petition very soon. The OCS case does not require you to stay in the state, but you won't be able to take the children that OCS removed from your care. If you leave, it would make it much harder to get the kids back. When you talk about being charged, that sounds like a criminal case. That would be a completely separate court case from the...

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, Child Custody and Domestic Violence 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...

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