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Alaska Family Law 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 Family Law and Civil Rights for Alaska on
Q: My 19 month old was taken without notification an unfounded. How do I get her back now?!

My 19 year old daughter took my 19 month old for an overnight visit she went to OCS and she said the father and I are on heroin which is unfounded and a lie we both have random UA's for different reasons. him-Court reasons and myself-my doctor. it is a completely false allegation my daughter just... Read more »

Stefan Otterson
Stefan Otterson answered on Jul 22, 2019

Call OCS (269-4000 if you're in Anchorage). Give your child's name and ask to be connected with the assigned social worker. You'll probably get voicemail, so leave all your contact info and let him/her know you have not received notice. If you don't reach the social worker quickly, call again... Read more »

1 Answer | Asked in Divorce and Family Law for Alaska on
Q: My husband works away from the home for weeks at a time and has left us how can I get him counseling so we dont divorce?

My husband just decided that I’m evil and he doesn’t love me but I know he does he runs away from his family he won’t talk to any of us his wife or kid he left me with the house which I can’t afford I was a stay at home mom for 15 years and he forced me into a job I have no education and I... Read more »

Stefan Otterson
Stefan Otterson answered on Jun 10, 2019

There really isn't any legal process you can use to prevent a divorce from happening or to force a spouse into counseling. If he does file a divorce complaint and custody is at issue, the court will sometimes order a party (more often both parties) to be evaluated, but that's only if there's... 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 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 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 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 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 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 Family Law for Alaska on
Q: Can the grandparent of minor child move out of state w/ child if the parent signed delegation of parental powers.
Stefan Otterson
Stefan Otterson answered on Mar 27, 2018

Yes, a delegation (also called a power of attorney) that gives the grandparent all the necessary authority, (medical, education, and travel, etc) should be sufficient. Many forms used for such purposes don't specifically mention out-of-state travel, so you might want to add that, just to be safe.... 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 »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Alaska on
Q: Can I the mother leave ak with my child then file divorced from another state

I don't feel safe for me or my child. I have no support no family here other than my children the father is on probation for a dv on me at this time

Stefan Otterson
Stefan Otterson answered on Jan 29, 2018

You are free to move wherever you want, as long as there's not already a divorce case pending. (To the extent it's safe, you should still provide whatever visitation you can with the other parent.)

You will need to check the divorce jurisdiction law in the state you're moving to. There's...
Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: I live in alaska and parental rights where taken from me. Is there any way i can get my rights back.

My daughter is with her dads mom. She adoted her and she wont let me see her. I want to be apart of my daughters life. I would give anything to be apart of her life again. This is killing me inside. Please if there is anything i can do let me know. Thank you for your time. And god bless.

Stefan Otterson
Stefan Otterson answered on Jan 26, 2018

The adoptive parent has exactly the same rights as a parent. As the biological parent, you have no more rights than any unrelated person. Your best bet is to work with the adoptive parent, so that she will voluntarily allow you to have visits. If that's not possible, you may have no recourse,... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: Can I the mother with physical custody at this time leave the state of Alaska after filing for divorce

I've been in a very abusive marriage for 27 years with several dv convention on me. He is currently on probation for one

Stefan Otterson
Stefan Otterson answered on Jan 25, 2018

Once you've filed and a divorce case is pending, you usually need to get a written agreement from the other parent or court permission to leave the state. You should check the details of the standard order that is issued at the time the Complaint is filed. Different courts may have different... Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: My granddaughters was dropped off at my house by her mother. She refuses to help. Where do I stand legally.

The mother didnt show up to custody hearing on her younger child and father was granted custody. When he came to pick up the other child from mother mother was combative amd resulted in her arrest. Now she is threatening to come and take the older child(11) from my home. Mother is unemployed, has... Read more »

Stefan Otterson
Stefan Otterson answered on Dec 23, 2017

If the mother is pressing her rights, you will have difficulty opposing her unless you get a court order granting you custody. In the mean time, you can enlist the help of the father, who presumably got custody at the hearing you referenced. He could give you a power of attorney for the older... Read more »

1 Answer | Asked in Child Custody, Family Law and Adoption for Alaska on
Q: I have a child that’s been living with me for 13 1/2 years. She isn’t my blood or my adopted child but is my daughter.

I want to know how can I keep her with me permanently. She doesn’t like going over to the other persons house. She fights me because she hates it there. I just need help. The adoptive parent has never given me a dime for this child.

Stefan Otterson
Stefan Otterson answered on Dec 17, 2017

The only permanent solution to this problem is adoption. That is something you would probably need legal help with, particularly if the legal parents are't cooperative. It is possible to do an adoption even if the legal parents aren't on board, but it might require a trial, which can be... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Does my mom have rights to her grandchild even though they took my rights?they never contacted my mom about this.
Stefan Otterson
Stefan Otterson answered on Dec 9, 2017

Yes. Any blood relative would have priority over an unrelated foster home. Your mother needs to contact OCS and request placement. They should place with her as long as she has a clean record. If they don't, she can ask the court to order it, and OCS would have to explain why she's not... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: Daughter with dad riding in car high speed chace he got out ran and left her. Ocs took my kid can i get my rights back

They took my rights can i fight to get them back wo i can have my baby back

Stefan Otterson
Stefan Otterson answered on Dec 9, 2017

If you haven't already, contact OCS immediately. Ask them for your child. If they say no, ask for a copy of the Petition they have filed with the court. Take the Petition to the courthouse, and go to the Children's office in the basement. Show them the case number and ask for the paperwork to... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My boyfriend took our daughter to alaska

My boyfriend took our daughter to Alaska to "visit" and is refusing to come back to Idaho. We do not have a custody agreement, what can I do?

Stefan Otterson
Stefan Otterson answered on Nov 24, 2017

Of course, you should first do everything you can to reach an agreement. You can't just assume that he has to come back. If you're not going to live in the same state, then you'll need to find a way to share custody. Neither of you gets to just keep your daughter. If you can't reach an... Read more »

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