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Alaska Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Alaska on
Q: Can I the mother leave ak with my child then file divorced from another state

I don't feel safe for me or my child. I have no support no family here other than my children the father is on probation for a dv on me at this time

Stefan Otterson
Stefan Otterson answered on Jan 29, 2018

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...
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1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: I live in alaska and parental rights where taken from me. Is there any way i can get my rights back.

My daughter is with her dads mom. She adoted her and she wont let me see her. I want to be apart of my daughters life. I would give anything to be apart of her life again. This is killing me inside. Please if there is anything i can do let me know. Thank you for your time. And god bless.

Stefan Otterson
Stefan Otterson answered on Jan 26, 2018

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,... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: Can I the mother with physical custody at this time leave the state of Alaska after filing for divorce

I've been in a very abusive marriage for 27 years with several dv convention on me. He is currently on probation for one

Stefan Otterson
Stefan Otterson answered on Jan 25, 2018

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... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Domestic Violence for Alaska on
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?

And he has been on child support for years and has never been present ever not even a birthday or holiday and barely any phone calls made. Is it possible he can take them away from me?

Stefan Otterson
Stefan Otterson answered on Jan 25, 2018

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... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: My granddaughters was dropped off at my house by her mother. She refuses to help. Where do I stand legally.

The mother didnt show up to custody hearing on her younger child and father was granted custody. When he came to pick up the other child from mother mother was combative amd resulted in her arrest. Now she is threatening to come and take the older child(11) from my home. Mother is unemployed, has... Read more »

Stefan Otterson
Stefan Otterson answered on Dec 23, 2017

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... Read more »

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

I want to know how can I keep her with me permanently. She doesn’t like going over to the other persons house. She fights me because she hates it there. I just need help. The adoptive parent has never given me a dime for this child.

Stefan Otterson
Stefan Otterson answered on Dec 17, 2017

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Does my mom have rights to her grandchild even though they took my rights?they never contacted my mom about this.
Stefan Otterson
Stefan Otterson answered on Dec 9, 2017

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... Read more »

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

They took my rights can i fight to get them back wo i can have my baby back

Stefan Otterson
Stefan Otterson answered on Dec 9, 2017

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Alaska on
Q: Is there a higher child support calculation if the non-custodial parent moves across country reducing his visitaation?

Not only did he move but he wuit his job taking a lower pay job and cancelled his Christmas visit.

Stefan Otterson
Stefan Otterson answered on Nov 27, 2017

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... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: If I have full physical custody of my child (shared legal),can I relocate (out-of-state) with no further filings needed?

I work with my daughter's mother regarding visitation, but there is no visitation agreement actually filed with the courts.

Just inquiring whether or not I need file anything if I have full physical custody of my child (shared legal) if I can relocate (out-of-state) with no further filings... Read more »

Stefan Otterson
Stefan Otterson answered on Nov 27, 2017

There is quite a bit of grey area in the answer to your question. The best practice is to work out your agreement and then submit it to the court to get an updated custody order. You may want to run the agreement by a lawyer before signing if you have any questions, and to help you put it into... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My boyfriend took our daughter to alaska

My boyfriend took our daughter to Alaska to "visit" and is refusing to come back to Idaho. We do not have a custody agreement, what can I do?

Stefan Otterson
Stefan Otterson answered on Nov 24, 2017

Of course, you should first do everything you can to reach an agreement. You can't just assume that he has to come back. If you're not going to live in the same state, then you'll need to find a way to share custody. Neither of you gets to just keep your daughter. If you can't reach an... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: If my custody order was modified and I was given full custody does that cancel out the details of my last order ?

The old custody agreement had split custody and talked about the details regarding pfd’s, taxes, sharing of address, daycare names, that sort of stuff. The new order gives me full legal custody and him supervised visits 3x a month in a public place for 4 hours each time. It does not discuss... Read more »

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Juvenile Law, Divorce, Family Law and Child Custody for Alaska on
Q: My 17 year old is being criminally detained in juvenile detention. In this scenerio have my rights been terminated?

I have sole legal custody & primary physical of all 4 kids with my felon ex in another state getting visitation. My son & ex believe that I have lost custody in this scenerio & that I cant put my son into residential treatment or theraputic foster care (Im not comfortable with him returning home... Read more »

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: If someone gets their kids taken by OCS and has a cousin thats safe to take the kids would they be able to?

Would they have to prove that the person is legally their cousin or would ocs just approve it if their a safe home and want the children

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: If I have sole legal and physical custody of my child, dad has visitation, and I die, will he be awarded custody?

My daughter is 14, and visitation with her father is out of state, whenever he and I agree to. Since I have sole legal and physical custody am I able to designate in a will where she will live if something happens to me, or will sole custody automatically be awarded to her father?

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: How do I get custody of my daughter if I know she's in an unsafe environment with her mother?

My ex has a drug problem and has been in and out of rehab multiple times. She has lost her government assistance and has no job to my knowledge. My 2 year daughter is picking up bad habits because my ex smokes weed, cigarettes, and possible other substances in front of her. My ex also has... Read more »

Stefan Otterson
Stefan Otterson 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...
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1 Answer | Asked in Child Custody and Juvenile Law for Alaska on
Q: my daughter has been living with her father for 3 years now and wants to move back to live with me.

I have custody of her but her father and I agreed to let her move to Washington with him. now she has run away and wants to come back. what are my rights as her parent and if I picked her up or flew her home would there be any legal actions he could take against me?

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Child Custody and Child Support for Alaska on
Q: Hi. My i recently told my ex-gf to move out, and that our daughter stays with me in a stable household.

I had no intent to keep our daughter from her, and she knew that. But, when i let her take her for a walk the day after, she didnt come back. She took off and his from me and now is in another city. She filed for custody and child support. Is this legal?

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Alaska on
Q: Can someone who has had their parental rights terminated from all of their children, adopt another child?

My mom and I take care of my sisters children who have been placed with us for a while now under her foster care license. Someone told me that if a parent has had their rights terminated, that they can not adopt a child. I was just wondering if this is true.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 20, 2017

No. The court would look into the reason for the TPR, but it would be a case-by-case determination.

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Can I hire a attorney that does unbundling service and then hire that same attorney to be at the hearing or trial?

I found a couple of Alaska Family Law Attorneys that offer full representations and unbundling services.

Can I hire a attorney for unbundling services to file motions, then hire that same attorney later to fully represent me in court?

If I hire a unbundling service attorney and I... Read more »

Stefan Otterson
Stefan Otterson answered on Feb 15, 2017

Yes, both those things are possible. That is, they are not prohibited by any ethics rules, etc. However, you would need to ask the particular lawyer whether he/she is willing to move from unbundled assistance to full representation and a court appearance. Some are and some aren't. You should... Read more »

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