Alaska Q&A by Practice Area


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Alaska Questions & Answers

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 just... Read more »

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 quickly, call again... 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 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 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 there's... 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 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 critical... 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 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 doesn't mean... Read more »

1 Answer | Asked in Child Custody for Alaska on

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

We live in Alaska. The children’s father is working on the North Slope

Stefan Otterson answered on Mar 21, 2019

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.... Read more »

1 Answer | Asked in Intellectual Property for Alaska on

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

Nothing was ever signed between us. She thanked me for being “so clever” and gaveme a t-shirt with the biz name. She has earned a LOT of income and all I want to know is if I have rights to the name when she sells the business. It is in a lucrative area and the name is a big piece of the value.

Marcos Garciaacosta answered on Mar 4, 2019

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.

1 Answer | Asked in Trademark for Alaska on

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

Marcos Garciaacosta answered on Feb 17, 2019

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.

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Construction Law for Alaska on

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

All the help I can get would be really appreciated. Thank you.

Gary Kollin answered on Feb 9, 2019

The public defender is the one who provides legal services to the people without funds

1 Answer | Asked in Child Custody and Family Law for Alaska on

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

My live-in boyfriend is still in the appeal process for a substantiated sexual abuse finding with "no further intervention"

Is it ok to bring my daughter back into the home without the worry of ocs?

The overturned neglect finding was for me.

Stefan Otterson answered on Feb 8, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Alaska on

Q: Does ANYONE do PRO BONO?

Tim Akpinar answered on Jan 12, 2019

Contact the Alaska Bar Association.

Tim Akpinar

1 Answer | Asked in Car Accidents for Alaska on

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

Tim Akpinar answered on Dec 23, 2018

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

1 Answer | Asked in Family Law and Child Custody for Alaska on

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?

They are saying Im neglectful and my husband is the abuser of the child 2 children are mine and the three little ones are ours. we will be charged Thursday, so I'm I allowed to leave the state with the children or will the children to be able to the state with family. Trying to see the best way to... Read more »

Stefan Otterson answered on Dec 17, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Alaska on

Q: I got sick because I was surrounded by germs in my doctor's waiting room. Any chance I can sue for medical malpractice?

Tim Akpinar answered on Dec 9, 2018

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... Read more »

1 Answer | Asked in Family Law for Alaska on

Q: My granddaughter was taking from my daughter by OCS can I get her back

Stefan Otterson answered on Nov 29, 2018

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... Read more »

1 Answer | Asked in Civil Litigation and Child Custody for Alaska on

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

We have no custody agreement and have never been to court what will happen if I live with him saying I can’t? I have the children 95% of the time.

Stefan Otterson answered on Nov 19, 2018

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... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on

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

Case dismissed

Daniel P Leavitt answered on Oct 16, 2018

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.

1 Answer | Asked in DUI / DWI for Alaska on

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

Was demanded and warrant of blood obtained against my free will and not justified as I submitted to Chem breath test on data master for BAC I insured several times to several officers I was only going to submit to the search warrant of my blood as they said they would physically restrain me against... Read more »

Daniel P Leavitt answered on Oct 16, 2018

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.... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Wrongful Death for Alaska on

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.

Please if you could point me in the right direction I'd really appreciate it so much more then you know. Thank you for taking the time to read this

Gary Kollin answered on Sep 29, 2018

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...
Read more »

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1 Answer | Asked in Child Custody for Alaska on

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.

We are seeking help in trying to figure out how we can leave state with a 50/50 custody agreement. There are three children involved. Thier father has his immediate and extended family all reside in Alaska and all three children were born here. I have no family here and limited opportunity to... Read more »

Stefan Otterson answered on Sep 25, 2018

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... Read more »

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