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
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 »
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?
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.