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Alaska Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Criminal Law and Family Law for Alaska on
Q: Can we move out of state with our child and have the cases transferred

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

Stefan Otterson
Stefan Otterson 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 original... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: My ex and I have joint custody. In 2009, she took my children from Alaska to Germany with no intent on returning.

My two older kids returned (they’re adults now) but my son remained with his mother. They left in the middle of the night and I have not seen or heard from my son since. What are my rights as his father? Can I have the court make her return him or at least let him come visit?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2019

Yes, but it might be difficult to enforce the court order in Germany. Also, why have you waited so long?

1 Answer | Asked in Child Custody for Alaska on
Q: OCS hasn't taken custody from me yet,but are going to. currently my mother has temp guardianship but ocs says that she

Is not a good match because she has had ocs calls on my younger brother. Any past cases have been closed and have been for several years with her so can I give full custody to my mom without OCS approval

Stefan Otterson
Stefan Otterson answered on May 30, 2019

Your question is a good one, but there's no way to assess whether your mother would be a suitable placement based on the number of years since prior calls. It depends on what the prior calls were about, and whether OCS determined she had committed abuse or neglect, and what type. Also critical... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: I would like to move out of AK, I am not married to the father. Can I take the child out of the State? Is it legal?

I can not afford an Attorney, is there any way to ask for physical custody without one? What are my best options as the sole provider

Stefan Otterson
Stefan Otterson answered on May 23, 2019

Yes, you can take the child out of state. Either parent can legally do that. Just be aware that without a custody order, the other parent can also legally come to the other state, pick the child up from school or daycare, and take the child back to Alaska. The fact that it's legal doesn't mean... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: My parents are withholding my 2 children from me with only their Father’s consent is this legal? There is no court orde

We live in Alaska. The children’s father is working on the North Slope

Stefan Otterson
Stefan Otterson answered on Mar 21, 2019

A power of attorney from one parent doesn't affect the other parent's rights. You can still do anything you would do if you were dealing directly with the father instead of the grandparents. However, you need to be careful in taking children from someone who has been the primary caregiver.... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: Ocs just overturned a substantiated finding of neglect. Can I now regain full custody as per the custody order?

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.

Stefan Otterson
Stefan Otterson 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... Read more »

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 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 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 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 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 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 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
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
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
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 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
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 »

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
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 »

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