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

Can we get visitations established or does she have the right to basically turn us away. She lied to us and agreed we would be apart of her life but only let's us see her 1 time every 2 months

Stefan Otterson
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Stefan Otterson
answered on Apr 10, 2018

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... Read more »

1 Answer | Asked in Family Law for Alaska on
Q: Can the grandparent of minor child move out of state w/ child if the parent signed delegation of parental powers.
Stefan Otterson
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Stefan Otterson
answered on Mar 27, 2018

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alaska on
Q: I wish to move away from home w/o parental permission, will i be able to do so without being brought home?

I am 17, employed, and going to school. My friends mother agreed to take me in, she is also employed with three children and plenty of room. What qualifications would the authorities need in order for me to live away from home? I am not emancipated or living away from home at the current moment nor... Read more »

Stefan Otterson
PREMIUM
Stefan Otterson
answered on Feb 4, 2018

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... Read more »

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
PREMIUM
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...
Read more »

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
PREMIUM
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... 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
PREMIUM
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... 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
PREMIUM
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
PREMIUM
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... 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
PREMIUM
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... 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
PREMIUM
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... 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
PREMIUM
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... Read more »

1 Answer | Asked in Family Law for Alaska on
Q: My boyfriend wants to move out of Alaska. Can he take the kids if there is no custody arrangement without kidnapping

The mother and him are still married living under the same roof but the mother is menatally ill. She is seeking help but would try to keep kids from him.

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
Q: My daughters mother moved from Anchorage to TN. Who would be responsible for travel expenses back to AK for Christmas.
Terrence H Thorgaard
Terrence H Thorgaard
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.

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
PREMIUM
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... 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... Read more »

Stefan Otterson
PREMIUM
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... Read more »

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

Will this be enough to prove that he is my father?

Terrence H Thorgaard
Terrence H Thorgaard
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?

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
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

We have a court order saying i get him for summers and every other Christmas for 3 weeks.But this year i get him for 5 weeks because she picked him up early during my summer visitation. The judge told us to figure out the dates. she said any day is fine. I told her it was going to be after my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
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.

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
PREMIUM
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...
Read more »

1 Answer | Asked in Family Law and Juvenile Law for Alaska on
Q: If I enroll in college before I turn 18 can my mother remove me from college for any reason

I would apply for federal aid

Stefan Otterson
PREMIUM
Stefan Otterson
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... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Alaska on
Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold

Can I stop them from selling the house since Ive lived here for almost 6 yrs taking care of my grandparents they won't let me buy it they have a power struggle issue and won't even give it another thought and I have the means to pay it off alztimers disease is horrible

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2017

You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.

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