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My child’s birth father left state when our child was 1. She’s turning 6 this year. He has had a few FaceTime calls , does not pay child support, and can go months without contact to now over two years before out of the blue asking how she is and not contacting for weeks again. We do not have a... View More 
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answered on Jun 3, 2021
In a custody case, nothing is certain. However, it is quite hard to get full legal and physical custody with no visitation unless the other parent has a criminal sexual abuse conviction or has a history of domestic violence, etc. Even then visitation would often be allowed, but supervised. A... View More
He is working on starting divorce proceedings but has not seen his children since his soon to be ex-wife kicked him out of their home three weeks ago in the middle of the night. Their children went to bed and dad lived in the home, the next morning dad did not. Up until this happened he was... View More
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answered on May 18, 2021
First try to use persuasion. Let the wife know that divorce paperwork will be filed very soon. Let her know the court will be looking at each parent's behavior, and her denying contact with the children might reflect very poorly on her. Encourage her to talk to an attorney, who will... View More
answered on May 5, 2021
I have seen child custody decrees that allow the parents to define what the first full week of the month means for purposes of the decree. For example, the parents can agree that the first full week of the month starts with the first Sunday of the month followed by six consecutive days.
The letter was full of slander and comments aimed at destroying my character. In the original motion my ex. asked to have the kids during the school day. Her motion was denied. She also stated my payments are not current for her credit card. The judge asked her to provide proof of this. Instead, of... View More
answered on May 5, 2021
It is an ex parte communication to the judge, but if it is made part of the court file available for public viewing, then you could file a motion to make this letter to the judge confidential or sealed under Alaska Administrative Rule 37.6 ( b)(2) dealing with privacy interests.
The... View More
Our divorce began as COVID 19 started. My ex. and I pulled the kids from in person learning as the schools COVID rates were sorted out. Fast forward to now, we have 1 case every few weeks in our small rural Alaskan village and the school has implemented an effective mitigation plan keeping kids... View More
answered on Apr 28, 2021
I will assume that you do not have a court order granting either parent sole legal custody. Assuming both of you are equally good parents, courts prefer that equally good parents cooperate for the best interests of the children. Pediatricians and other health care professionals recognize the... View More
She had a round trip ticket. He didn’t send her home and filed for full custody first. Will the judge look at him as unfit for the child involved because of his impulsive choices? We have never had an issue with sharing our child or anything through the courts
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answered on Dec 10, 2020
It sounds like you do not have a custody order in any state, and you had an informal agreement. Yes, violation of a well documented agreement might weigh against the parent who violates it, especially if it creates anxiety for the child, who may not now know where she will be living from one day... View More
Weekends holidays and most of the summer.the kids want to be with me more but when i go to pick them up there mother locks the door and wont let them out of her house is that legal?also what can i do about it and what are my rights as a father
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answered on Apr 7, 2020
Your rights are exactly the same as the mother's. However, there's nothing to spell out what that means. If the two of you don't agree how to manage in that completely undefined environment, then either of you can file a Complaint for Custody with the court. Ideally you would... View More
Our son is a child in need of aid but the court granted us full custody and rights over our child. We were in the process of moving to Texas to be with family can we still move and have our case transferred. We have another hearing in 6 months and how fast can we leave
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answered on Oct 10, 2019
More information is needed to answer you question. Child custody jurisdiction usually requires that you and the child reside in the new state for at least 6 months before that state can handle custody matters. However, that's not automatic, and if the other parent still resides in the... View More
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... View More
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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... View More
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... View More
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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... View More
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.
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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... View More
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... View More
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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... View More
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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... View More
They gave my daughter to the parents of the father in which I have a restraining order on. Can they do that? I am a very good mother and always have been
answered on Aug 18, 2018
You should have an attorney by now either appointed or retained.
You should be directing these questions to your attorney
I will move 45 miles away to my mothers home. What steps should I take to protect myself and my children and my mother from possible retaliation? I want to know for sure that he can't use my children to manipulate and control me after I get away from him. I'm poor and I have no financial... View More
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answered on Jul 8, 2018
If you have no court order governing custody, you can do whatever is reasonable under the circumstances. However the father has equal rights, so you will need to get a court order. If there has been domestic violence, then you should get a restraining order. This is something you can do without... View More
I have a new baby with my boyfriend. The relationship is struggling and he repeatedly has asked me to leave. I don't have anywhere to go. My family is in Texas. I cannot financially provide for my child and need to move home with my family where there will be financial help and my mother... View More
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answered on Apr 30, 2018
There is nothing to prevent you from moving, if that's what you need to do. Just do it in a way that respects the father's rights. The best practice is to file a custody case before you go, and get interim approval from the court for your move. If you don't have the resources... View More
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
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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... View More
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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... View More
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... View More
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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... View More
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
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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... View More
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