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1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: OCS took kids they are with family we have not been charged with anything yet. Can I leave the state to get this drop?

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 way to... Read more »

Stefan Otterson
Stefan Otterson 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 from your... Read more »

1 Answer | Asked in Medical Malpractice for Alaska on
Q: I got sick because I was surrounded by germs in my doctor's waiting room. Any chance I can sue for medical malpractice?
Tim Akpinar
Tim Akpinar answered on Dec 9, 2018

I don’t practice in Alaska but your question remains open for two weeks. In general in a med mal case, a medical practitioner would have needed to breach a duty of care, injuries/damages would have resulted, and there would be a causal relationship between the breach and the injuries. An attorney... Read more »

1 Answer | Asked in Family Law for Alaska on
Q: My granddaughter was taking from my daughter by OCS can I get her back
Stefan Otterson
Stefan Otterson 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 will give her a case... Read more »

1 Answer | Asked in Civil Litigation and Child Custody for Alaska on
Q: My ex and me hav 2 kids 9 months and a 2 year old. I’m planning to leave state he won’t allow me no and he agreed before

We have no custody agreement and have never been to court what will happen if I live with him saying I can’t? I have the children 95% of the time.

Stefan Otterson
Stefan Otterson answered on Nov 19, 2018

There's nothing to stop you from leaving. Both of you have equal rights, so there's nothing stopping him from leaving with the kids either. If you leave without working it out with him first, he can file for a custody order and ask the court to order the kids returned to Alaska. Alaska will... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on
Q: I was placed on felony probation after serving time for a felony dwi it will be 10 years ago this may I would like to ca

Case dismissed

Daniel P Leavitt
Daniel P Leavitt answered on Oct 16, 2018

You will want to talk to an Alaska attorney who does criminal defense to see if they will consider dismissing your case in your circumstances.

1 Answer | Asked in DUI / DWI for Alaska on
Q: I recently was charged with a DUI no roadside test was asked of me intel brought to station. I blew a 0.49 then blood

Was demanded and warrant of blood obtained against my free will and not justified as I submitted to Chem breath test on data master for BAC I insured several times to several officers I was only going to submit to the search warrant of my blood as they said they would physically restrain me against... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 16, 2018

That is an interesting fact pattern. I am not licensed to practice law in AK so I cannot give legal advice there. I recommend you contact a skilled AK dui lawyer. Obviously this did not happen in VA so what we do doesn't help you there but in VA I think they would have issues with the blood draw.... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Wrongful Death for Alaska on
Q: How do I find a lawyer that will do my case as a Pro Bono? I don't have much money if any and I really need some help.

Please if you could point me in the right direction I'd really appreciate it so much more then you know. Thank you for taking the time to read this

Gary Kollin
Gary Kollin answered on Sep 29, 2018

Yes. There is an entire law firm. It is called the Public Defender's Office.

If you asking I seek a law firm for you, what can I tell the firm about the following?

What makes you special that you should deserve free services?

Have you paid it forward? That means what have...
Read more »

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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
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
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
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
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
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
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
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
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
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
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
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
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
Terrence H Thorgaard answered on Apr 16, 2018

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

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