Alaska Questions & Answers by Practice Area


Alaska Questions & Answers

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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Q: My Ex had financial trouble lost her house in Nassau and send the kids back for a year to me. Do I pay for that yea

1 Answer | Asked in Divorce and Child Support for Alaska on
Answered on Sep 3, 2017

I assume you're wondering about child support. That goes based on your court custody order, and it doesn't change until you get it modified by the court. If you don't have a court order, you may be able to do the modification through CSSD, if they're involved. The key point is that there's no retroactive modification, so if it's clear you're going to have them for a year, you should go ahead and request that child support be modified to reflect that. Don't wait till the end, because it will...
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Q: How do I get custody of my daughter if I know she's in an unsafe environment with her mother?

1 Answer | Asked in Family Law and Child Custody for Alaska on
Answered on Sep 2, 2017

If you already have a custody order, file a Motion to Modify Custody. If you don't have a custody order yet, file a Complaint for Custody. The court system has forms online for this purpose. DR-411 is the Complaint, and DR-700 is the Motion to Modify.

It wouldn't hurt to talk to a lawyer first so you know how to approach it, and so you can decide whether to manage the case yourself, or hire a lawyer to manage it for you. Getting full custody is not easy. The courts favor sharing....
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Q: my daughter has been living with her father for 3 years now and wants to move back to live with me.

1 Answer | Asked in Child Custody and Juvenile Law for Alaska on
Answered on Sep 2, 2017

If you have custody under a court order, there would be little risk for you to fly her home. The important thing is to keep the father in the loop. Just keep your daughter safe and work together with her father. If you can't do both, err on the side of keeping your daughter safe. Just keep in mind that a judge may be asked to review what you do. If it's all reasonable and you didn't do anything aimed solely at harming the father's relationship with your daughter, it should be fine.
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Q: I am looking to buy a lot that is about 0.36 acres but I want to buy only half. What are my options?

1 Answer | Asked in Real Estate Law for Alaska on
Answered on Aug 26, 2017

Check with the borough or municipality in which the lot is located. What you are proposing may be a violation of a local subdivision ordinance, as well as the zoning code.
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Q: In court language anchorage ak what does just 3AN-P mean or represent.

1 Answer | Asked in Criminal Law, Traffic Tickets, Landlord - Tenant and Public Benefits for Alaska on
Answered on Aug 11, 2017

It could be part of the case number.

3 = Third Judicial District

AN = Municipality of Anchorage

P = probate (?)
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Q: My Uncle and his ex- girlfriend bought a house in Alaska.He wants to sell the house, but she refuses.

1 Answer | Asked in Real Estate Law for Alaska on
Answered on Aug 11, 2017

File suit against her to "partition" the property.
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Q: Hi. My i recently told my ex-gf to move out, and that our daughter stays with me in a stable household.

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

Yes, it is completely legal. Until you get a custody order, you both have equal custodial rights. Hiding from you isn't a good thing, but since she filed for custody, you now have her address and a forum for determining how to arrange custody between the two of you. If you ask for it, the court will normally order equally shared custody until a final determination can be made. If spending half the time with your ex isn't safe, you can ask the court for primary custody, with your ex...
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Q: If I enroll in college before I turn 18 can my mother remove me from college for any reason

1 Answer | Asked in Family Law and Juvenile Law for Alaska on
Answered on Jul 23, 2017

This may be a matter of policy at the particular college you pick. In general, until you turn 18 your parents have legal custody of you. This means they have decision making authority, and they are the ones who are supposed to sign admissions paperwork, etc. However, some organizations make exceptions. In many school districts, they have programs that allow runaway kids to register themselves. This is supposed to serve the goal of universal education. Your college may have a similar...
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