Alaska Questions & Answers by Practice Area


Alaska Questions & Answers

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...
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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.
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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.
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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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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...
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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.
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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.
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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:

http://www.akyouthadvocates.org/resources/

The Bar Association also has an excellent Youth Law Guide, which covers many other topics that may be useful to you:...
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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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Q: Can I the mother leave ak with my child then file divorced from another state

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Alaska on
Answered on Jan 29, 2018
Stefan Otterson's answer
You are free to move wherever you want, as long as there's not already a divorce case pending. (To the extent it's safe, you should still provide whatever visitation you can with the other parent.)

You will need to check the divorce jurisdiction law in the state you're moving to. There's a chance you won't be able to do the divorce there, especially if child custody and property issues still have to be dealt with in Alaska. Child custody jurisdiction generally requires the children...
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Q: Can the owner of the home I rent only give me 3 days notice that he has rented the place to someone else?

1 Answer | Asked in Landlord - Tenant for Alaska on
Answered on Jan 29, 2018
Salim U. Shaikh's answer
You have a priority rights over others living there as tenant provided no rent payment dispute arised. Do you have a lease or living without a lease agreement. In lease agreement terms to vacate is always given and LL has to abide by that. Failing which you have a right to get restraining order from your local court.
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Q: I live in alaska and parental rights where taken from me. Is there any way i can get my rights back.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Native American Law for Alaska on
Answered on Jan 26, 2018
Stefan Otterson's answer
The adoptive parent has exactly the same rights as a parent. As the biological parent, you have no more rights than any unrelated person. Your best bet is to work with the adoptive parent, so that she will voluntarily allow you to have visits. If that's not possible, you may have no recourse, as long as the adoptive parent is providing minimally adequate care.
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Q: Can I the mother with physical custody at this time leave the state of Alaska after filing for divorce

1 Answer | Asked in Child Custody and Family Law for Alaska on
Answered on Jan 25, 2018
Stefan Otterson's answer
Once you've filed and a divorce case is pending, you usually need to get a written agreement from the other parent or court permission to leave the state. You should check the details of the standard order that is issued at the time the Complaint is filed. Different courts may have different provisions in that initial order.
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Q: If i taken care of my children all the years and father tries to take them away is it possible he can take them?

1 Answer | Asked in Child Custody, Civil Rights and Domestic Violence for Alaska on
Answered on Jan 25, 2018
Stefan Otterson's answer
If you have a custody order, then his rights are defined by that. If you have never gotten a custody order from the court, then you both have equal rights. In that case, you should file a Custody Complaint in court, and get the court to determine what is appropriate. If the father has not had enough contact to have a relationship with the child, there's a good chance you would get primary custody, and you could ask that his visitation would be structured to gradually increase IF he shows...
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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
Peter Munsing's answer
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
Stefan Otterson's answer
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
Stefan Otterson's answer
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
Stefan Otterson's answer
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
Stefan Otterson's answer
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
Stefan Otterson's answer
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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