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Alaska Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: If my parental rights were terminated and my daughters were adopted by their grandparents, how do I go about seeing them

I live in Alaska.

Stefan Otterson
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answered on Jun 13, 2023

It sounds as though your rights were terminated without your consent. If that's the case, then you just have to ask nicely, because it's completely up to the adoptive parents whether they allow visits or not. The prevailing thought on adoptions is that it is good for kids to have some... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Alaska on
Q: If my grandkids in Michigan are removed from their mother's care, her wish is to have them sent to me in Alaska.

Her wish is to have the kids placed with me and her step-father! What steps would we need to do to make this happen?

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answered on Dec 3, 2021

It sounds like the kids are already in the custody of the state in Michigan. That means you will have to work with their Child Protective Services office (CPS). Ask your daughter for the contact information for the assigned social worker and contact that person to let them know you are requesting... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Gov & Administrative Law for Alaska on
Q: Who to contact regarding Alaska OCS repeatedly failing to appear for court for hearing to determine return of children?

The assigned attorney fails to give briefings before the hearings and fails to offer any advice. She is pretty much just a County paid paper pusher.

Stefan Otterson
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answered on Jul 21, 2021

When you or your attorney calls OCS, you can generally ask for the immediate supervisor of the assigned worker. If that doesn't work, you can usually get the next person up. Keep going as far as you can. If necessary, try the Juneau main office. In some cases, the state Ombudsman can... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Alaska on
Q: Will my child’s birth father be granted shared custody?

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

Stefan Otterson
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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

1 Answer | Asked in Divorce, Family Law and Child Custody for Alaska on
Q: My son's soon to be ex wife will not allow him to see or talk to his children.

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

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: When is the first full week of a month?
Phyllis Shepherd
Phyllis Shepherd
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.

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My kids were homeschooled by both parents in our separate homes this year. I can't make this accommodation next year.

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

Phyllis Shepherd
Phyllis Shepherd
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

1 Answer | Asked in Child Custody for Alaska on
Q: Can custodial parent send child to spend summer out of state without noncustodial parents permission?
Phyllis Shepherd
Phyllis Shepherd
answered on Mar 19, 2021

I am assuming that this child is a resident of the state of Alaska and the fact that you call one parent custodial and the other parent noncustodial, suggests that there is an Alaskan court order governing this situation. If the court order does not mention the situation of a child traveling out... View More

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: The father of my child fled the state of Maine to Alaska. We had an agreement that she could go visit him for the summer

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

Stefan Otterson
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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

1 Answer | Asked in Adoption and Child Custody for Alaska on
Q: I need help answering child custody and adoption q&a in alaska and arizona.

My children were taken by ocs in alaska and placed in foster care with non relatives because my entire family lives out of state they have filed termination and trial just occurred for termination judge is waiting for the closing arguements. My brother and father in Arizona want to adopt my... View More

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answered on Nov 12, 2020

Yes, your relatives can do two things. They can intervene in the CINA case to contest OCS's placement decision, and they can file an adoption petition, which would probably be assigned to the same judge handling the CINA case. They should have legal assistance for that, as there is lots of... View More

1 Answer | Asked in Child Custody for Alaska on
Q: If I die does my son’s father automatically get custody?

My son and I left Alaska when he was less than a year old, and his father hasn’t seen him since. They Skype, and he follows his child support order. We have joint legal custody and I have primary physical custody. My son is now 7, and I want to know if his grandmother has any rights to him, or... View More

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answered on Sep 11, 2020

Yes.

It's not even clear that any action by the court would be needed. He was already able to exercise legal custody, and after your death, he would have the clear right to physical custody.

Grandparents would have no right to custody, though they could ask for...
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1 Answer | Asked in Child Custody for Alaska on
Q: The father of my childern lost custody of my childern to ocs, they didnt call me to pick up my kids

Now ocs is saying my house needs to be cleared to get my kids back. There was an incident that happened with the father and his new gf, and the officer involved instead of taking them into custody wrote an ocs report. My childern were not present in that altercation. The following morning I went to... View More

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answered on Jun 29, 2020

There is no simple answer to your question, other than the following general principles.

1. Make contact with the social worker and cooperate with OCS to get yourself and anyone else in your home checked and cleared.

2. Unless you can afford a private attorney, submit a request to...
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1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: My ex girlfriend and i have 2 children together.there is no legal custody agreement.i have always had them on the weeken

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

Stefan Otterson
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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

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
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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

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

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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... View 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

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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... View 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

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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... View 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.

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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

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... 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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