Alaska Questions & Answers by Practice Area

Alaska Questions & Answers

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...

Q: Can I request sole custody and not get child support? I don't want any money I can take care of us myself.

1 Answer | Asked in Child Custody and Child Support for Alaska on
Answered on Apr 6, 2018
Stefan Otterson's answer
Whenever the court issues a child custody order, they issue a child support order. That part you can't get around, even by agreement, unless you are in a truly unique situation so that it wouldn't be reasonable to apply the normal rules. Just being able to take care of things yourself wouldn't do it. What you can do is not enforce the support that's ordered. You don't have to get CSSD involved. (That doesn't stop arrears from piling up, so the other parent would just have to trust...

Q: My sons father got custody of him when we had lived in Pennsylvania 6 years ago, they now reside in Florida and I Alaska

1 Answer | Asked in Child Custody for Alaska on
Answered on Mar 30, 2018
Stefan Otterson's answer
If your son has been living in Florida no one lives in Pennsylvania anymore, then you'd need to file in Florida.

Q: Girlfriend had a DUI accident back in Sept and the court just filed last week. Was looking to see what the outcomes are

1 Answer | Asked in Car Accidents and DUI / DWI for Alaska on
Answered on Mar 30, 2018
Peter Munsing's answer
She has bigger issues with the other charges, so she needs to consult a criminal defense attorney.

Q: Can the grandparent of minor child move out of state w/ child if the parent signed delegation of parental powers.

1 Answer | Asked in Family Law for Alaska on
Answered on Mar 27, 2018
Stefan Otterson's answer
Yes, a delegation (also called a power of attorney) that gives the grandparent all the necessary authority, (medical, education, and travel, etc) should be sufficient. Many forms used for such purposes don't specifically mention out-of-state travel, so you might want to add that, just to be safe. Be aware that the delegation is generally only good for one year, so you would need to get it renewed periodically. Also be aware that the delegation can be revoked at any time by the signing...

Q: if i settle claim with third party am i able to file claim with my own auto insurance - under insured with in the statu

1 Answer | Asked in Car Accidents and Personal Injury for Alaska on
Answered on Mar 22, 2018
Peter Munsing's answer
You usually need the consent to settle from the underinsured carrier. May be more than one if someone in your household also has it, depending on your state's law and the contracts. Note that in some states you have to repay liens out of the settlement, so if you are d.i.y'ing it be sure you know all the potential "fails" you can have.

Q: The father of my child wants to sign his parental rights over to his mother. Is this legal?

1 Answer | Asked in Child Custody for Alaska on
Answered on Feb 27, 2018
Stefan Otterson's answer
He could either mean adoption or guardianship. Adoption is permanent, guardianship isn't. Either one would require your consent or clear evidence that you have failed to maintain a relationship with and support the child, or that returning the child to your care would be dangerous to the child. If you are a safe caregiver who's involved in the child's life, then whatever he does can't change your rights without your consent.

Q: Does landlord have rights to show my rental to possible rent to own people? Am in 3rd year of lease

1 Answer | Asked in Landlord - Tenant for Alaska on
Answered on Feb 11, 2018
Terrence H Thorgaard's answer
Yes, If your landlord wants to show the premises to potential tenants or buyers, he or she can do so after giving you reasonable notice.

Q: I wish to move away from home w/o parental permission, will i be able to do so without being brought home?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alaska on
Answered on Feb 4, 2018
Stefan Otterson's answer
Generally, emancipation is the legal path that gives you the ability to do what you intend. It does require parental consent with some exceptions. There are a few alternatives, such as specific emancipation and guardianship. Alaska Youth Advocates has a handbook that goes through all the options:

The Bar Association also has an excellent Youth Law Guide, which covers many other topics that may be useful to you:...

Q: if i have a court order granting me sole legal and primary physical custody can he live with me full time?

1 Answer | Asked in Child Custody for Alaska on
Answered on Jan 31, 2018
Stefan Otterson's answer
If "full time" is different from the schedule set out in your order, you need to either do a written, signed agreement with the other parent setting out the new schedule (assuming that's allowed in your order), or if you can't agree, then you need to file a Motion to Modify Custody to get your order changed.

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