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Alaska Questions & Answers

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 »

1 Answer | Asked in Bankruptcy for Alaska on

Q: can I file a chap 7 or 13 as an individual so as not to affect my wife

I receive SS Disability at $1500/month. Have a house payment of $1040/month auto pay but am 3 months late. Am paying pay pal $2000. Credit One $2000. Credit One $7,000. A health care card about $2000. All are on auto pay except the Credit One for $7000 which a law firm has sued me for.

Timothy Denison answered on Aug 18, 2018

Yes, so. long as she is not a joint debtor on your debts. If she is, she must be listed in your bankruptcy.

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

Q: OCS took my kid because I admitted to a previous urine analysis but am now in treatment

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

Gary Kollin 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

1 Answer | Asked in Trademark for Alaska on

Q: I’m applying for a trademark for my retail company. Can I get one if I produce nothing of my own?

Nyasha A. West answered on Aug 9, 2018

You may trademark the name of your company.

1 Answer | Asked in Child Custody for Alaska on

Q: Ex wife and I share 50/50 custody. She sent the kids out of state without my permission. Is there anything I can do?

Stefan Otterson answered on Jul 31, 2018

It depends on whether you're talking about a long-term or short-term trip out of state. If it's long term, then she isn't allowing you to have the children 50% of the time, and you can file a motion to enforce the shared custody. If it's a short term trip during her time, it depends on what the... Read more »

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

Q: My boyfriend is an addict with a history of domestic violence in previous relationship. Can I take our 2 kids and leave?

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 means for... Read more »

Stefan Otterson 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... Read more »

1 Answer | Asked in Child Custody for Alaska on

Q: What age can a child say they dont want to go over to the other parents house in alaska?

Step son is 14, and does not want to come to our house anymore. His mom is saying since hes 14 he gets to make the choice.

Custody in the court says 50/50 with trade on fridays.

Stefan Otterson answered on Jul 8, 2018

A child never gets to make that choice, as it is an adult decision. If the parents don't agree, the court will consider the preference of a sufficiently mature child along with all the other factors. Preference alone is usually not the determinative factor. However from about age 14, the court... Read more »

1 Answer | Asked in Civil Rights for Alaska on

Q: If a judge gives you a third party as bail and tells you he will not approve a civil rights violation

Gary Kollin answered on Jul 5, 2018

What is a third party as bail and under what circumstances did the judge not approve?

You have a criminal case, therefore you have an attorney.

Have you asked your attorney?

1 Answer | Asked in Child Support for Alaska on

Q: Hi, I’m 18 and I was wondering if I could collect the child support money and put it into my bank account?

I have not been living with neither of my parents for the past 14 years. I’ve been living with my biological moms friend who I consider my mother now and was wondering if I could collect the child support money and place it into her bank account or mine.

Terrence H Thorgaard answered on May 22, 2018

Child support is not owed to the child, but to the custodian. The person with whom you are living could possibly seek child support from your parents.

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

Q: Can I leave Alaska with my 2 month old child if not legally married?

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 can... Read more »

Stefan Otterson 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 to do that, then... Read more »

1 Answer | Asked in Child Custody for Alaska on

Q: If my 2 prior children were taken by ocs, and i have another child, will ocs automatically have rights to get involved?

When my children were taken, i was on drugs and missed alot of court. I am since clean and have bought a house. Is having another child an option without having to be scared of ocs getting involved? My mother adopted my 2 kids and will not allow me to see them. Do i have any rights for visitations?

Stefan Otterson answered on Apr 17, 2018

First, OCS will only get involved if someone makes a report. If you have normal pre-natal care and are not under the influence of anything when you give birth, the hospital probably won't report. However, if your mother isn't convinced you're clean and sober she could file a report. If that... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on

Q: So, the police in my city took my firearm as evidence back in december and the prosecutor sent them the release in Jan.

The detective still will not release my firearm when I am the owner of it and no crime was commited. What do I need to do to get my property back?

Timothy Denison answered on Apr 16, 2018

Send the detective a certified letter requesting release of the property or the reasons why the property is not being released. If there is no response, you should contact a lawyer and have him send a letter prior to filing suit.

1 Answer | Asked in Child Support for Alaska on

Q: What happens to the back child support when the custodian parents dies and the child is over 18

Terrence H Thorgaard answered on Apr 16, 2018

The past-due child support debt is a part of the deceased custodian's estate.

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 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 Child Custody and Child Support for Alaska on

Q: Can I request sole custody and not get child support? I don't want any money I can take care of us myself.

Stefan Otterson answered on Apr 6, 2018

Whenever the court issues a child custody order, they issue a child support order. That part you can't get around, even by agreement, unless you are in a truly unique situation so that it wouldn't be reasonable to apply the normal rules. Just being able to take care of things yourself wouldn't... Read more »

1 Answer | Asked in Child Custody for Alaska on

Q: My sons father got custody of him when we had lived in Pennsylvania 6 years ago, they now reside in Florida and I Alaska

Where would i file to have the custody change so that I can try for 50/50 custody?

Stefan Otterson answered on Mar 30, 2018

If your son has been living in Florida no one lives in Pennsylvania anymore, then you'd need to file in Florida.

1 Answer | Asked in Car Accidents and DUI / DWI for Alaska on

Q: Girlfriend had a DUI accident back in Sept and the court just filed last week. Was looking to see what the outcomes are

Offense happened on Sept 28 and being charged with assault 3 cause injury w/weapon class c

DUI BAC .08+

Reckless endangerment

But the court just filed it on 21MAR18 and I was wondering if she’s 19 and already completed AA classes what the possible outcomes are

Peter N. Munsing answered on Mar 30, 2018

She has bigger issues with the other charges, so she needs to consult a criminal defense attorney.

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 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 safe.... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Alaska on

Q: if i settle claim with third party am i able to file claim with my own auto insurance - under insured with in the statu

this is regarding a bike accident happened in april 24th 2016. i was not at fault. the total sum of past and future economic damage is greater than 50000. the third party agreed to settle the policy limit which is 50000. i am planning to approach my own auto insurance company to get support for my... Read more »

Peter N. Munsing answered on Mar 22, 2018

You usually need the consent to settle from the underinsured carrier. May be more than one if someone in your household also has it, depending on your state's law and the contracts. Note that in some states you have to repay liens out of the settlement, so if you are d.i.y'ing it be sure you know... Read more »

1 Answer | Asked in Child Custody for Alaska on

Q: The father of my child wants to sign his parental rights over to his mother. Is this legal?

He claims he's joining the National Guard and he's been asked to relinquish his rights. Therefore, he wants to sign them over to his mother.

Stefan Otterson answered on Feb 27, 2018

He could either mean adoption or guardianship. Adoption is permanent, guardianship isn't. Either one would require your consent or clear evidence that you have failed to maintain a relationship with and support the child, or that returning the child to your care would be dangerous to the child.... Read more »

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