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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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.
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... Read more »
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...Read more »
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...Read more »
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
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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... Read more »
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
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...Read more »
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...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...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...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...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... 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...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....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)...Read more »
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