Alaska Q&A by Practice Area

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1 Answer | Asked in Child Support for Alaska on
Q: Alaska child support took my drivers license because they couldn't locate me do I have any options
Phyllis Shepherd
Phyllis Shepherd answered on Mar 5, 2021

There is the possibility of filing a Petition for Expedited Relief from Driver's License Action or Occupational License Action with the Superior Court.

1 Answer | Asked in Real Estate Law for Alaska on
Q: how do I add my daughter name to our title.
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hire a competent Alaska attorney to draft a Deed. You can have a life estate/remainder deed, tenants in common, joint tenancy with right of survivorship, or many other types of future interest deeds. It may need a title search besides just examining to last Deed.

2 Answers | Asked in Trademark, Communications Law and Identity Theft for Alaska on
Q: If I should change my domain name, would this change be of any damage to my original trademark invention?
Timothy John Billick
Timothy John Billick answered on Jan 6, 2021

Please update this question with more information

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1 Answer | Asked in Personal Injury and Health Care Law for Alaska on
Q: can I sue a hospital for my daughter getting tourettes due to medication?

my daughter (15) got put on anti psychotics for sever anxiety and the doctors didn't tell us about a side effect that causes a tic disorder. the disorder commonly related to the medication she was put on only appears in elders who's gone through menopause and such things. we are thinking... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 24, 2020

An Alaska attorney could advise best, but your question remains open for two weeks. I'm sorry for your daughter's ordeal. This has the makings of a complex and difficult case, likely offering different avenues from which to assert OR defend the correlations you offer.

As a...
Read 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
Stefan Otterson 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... Read more »

1 Answer | Asked in Real Estate Law for Alaska on
Q: I just foreclosed on a property in alaska. I was 2nd lien. Is it my responsibility to contact the owners? Or them me?

Foreclosed with Deed of trust and promissory note thru divorce. Ex still owes alot to original owners. Should have been paid in full in 2015. All involved avoid/ignore me. Am I responsible for his payment contract?

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2020

You are not personally responsible for the priority Note. But if someone does not pay it, at some time in the future the first Deed of Trust will be foreclosed. If there is no surplus, then your Deed is extinguished. But if there is a surplus, and the trustee is honest, you as the second... Read more »

1 Answer | Asked in Intellectual Property for Alaska on
Q: Have title of truck i bought 4 years ago and truck now state has registered owner as a ward of state all titles flag

Like they own it what do I do

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Hi there. This section is for intellectual property questions like copyright, trademarks, and patents. You may want to re-post your question in a different section for personal property, traffic incidents, or civil litigation. Sorry about the confusion!

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... Read more »

Stefan Otterson
Stefan Otterson 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... Read more »

1 Answer | Asked in Real Estate Law for Alaska on
Q: I own property in Haines Alaska jointly with my ex wife who lives in oregon. I use the property for a business I own.

I would like to buy her out but we can't come to an agreement. Can she force me to sell the property and split the money?

Robert King Reges Jr.
Robert King Reges Jr. answered on Nov 2, 2020

You do not say the capacity in which you "jointly own" but typically in Alaska a husband and wife acquire real estate "by the entirety" meaning 'as husband and wife.' Given that you are apparently divorced I'm presuming your ownership was converted to... Read 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... Read more »

Stefan Otterson
Stefan Otterson 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...
Read more »

1 Answer | Asked in Personal Injury for Alaska on
Q: My statue of limitation is running out on my personal injury case. Is there a form I can fill out to extend the statue?

I was diagnosed with uterine cancer after using Johnson and johnson talc powder all my life.

Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

Time is of the essence in your situation. Although an attorney in your jurisdiction could advise best, it would be advisable for you to take action without further delay instead of awaiting a response to your post here. DO NOT count on the statute of limitations being extended in significant... Read more »

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... Read more »

Stefan Otterson
Stefan Otterson 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...
Read more »

2 Answers | Asked in Admiralty / Maritime, Landlord - Tenant and Small Claims for Alaska on
Q: Failure to pay for storage on a boat storage lot

I am assisting a friend that allows boat storage on his property. He has 2 boats that have been on his lot for over 24 months with no contact by the boat owners. What statutes or procedures address contacting the owners and or seizing the boats absent payment of the back rent. There is no... Read more »

Alberto J. Castaner Esq.
Alberto J. Castaner Esq. answered on Jun 18, 2020

Good afternoon:

You must look into Alaska state law for available remedies. If the contract was purely for land storage and no maritime services were rendered, maritime law would not apply and the land owner may not seize (or arrest) the vessel in federal court under admiralty procedures....
Read more »

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2 Answers | Asked in Bankruptcy for Alaska on
Q: When is the right time to file for bankruptcy, Can fed student loan be included,What should I not default on/or d on 1st

I have an enormous amount of debt (school loans (federal and private), credit card, mortgage, and car loan). I had a high paying job, but had a mental breakdown. For the next year I will get disability money which is fairly high (enough to cover minimum payments on debt not pay it off), but after... Read more »

David Luther Woodward
David Luther Woodward answered on Apr 24, 2020

You have question that only YOUR bankruptcy lawyer can answer, so go find a good one in your community.

Changes are coming about in the law about the discharge-ability of student loans, so you need your own lawyer for this. But it is possible.

I don't envy your situation, but...
Read more »

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1 Answer | Asked in Medical Malpractice for Alaska on
Q: Has anyone ever won a medical malpractice lawsuit in Alaska
Tim Akpinar
Tim Akpinar answered on Apr 18, 2020

Yes, they have. If you have a matter you contemplate for a case, you could contact a medical malpractice attorney who practices in Alaska. Most attorneys in this area offer free initial consults. Good luck

Tim Akpinar

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
Stefan Otterson 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... Read more »

1 Answer | Asked in Bankruptcy for Alaska on
Q: Chapter 7 filing: I was told my gross income exceeds allowable income for Chapter 7 filing. My deductions off my gross

Mandatory deductions of my gross income are equal to or more the 50%.

Timothy Denison
Timothy Denison answered on Mar 1, 2020

Gross income is before and deductions. Mandatory deductions or not, it is still income. Consult a local bankruptcy attorney and compare a chapter 7 v 13. That might help.

1 Answer | Asked in Trademark for Alaska on
Q: Id like to use the same name of a co located in another state who has trademarked, but I am unsure what is protected
Tania Maria Williams
Tania Maria Williams answered on Feb 4, 2020

If by "trademarked" you mean that the company has a registered mark with the USPTO, there are a number of things that go into whether or not you should use a same or similar name. A registered mark, gives a trademark owner priority over other users in the same class on a national level.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Alaska on
Q: I'm researching existing prior art (using Google Patents), & I've been having a hard time with the "Application Events."

Here's an example:

2006-09-19: Application granted

2020-01-15: Application status is Expired - Fee Related

2024-05-04: Adjusted expiration

My question is re: the last two lines. Is the expiration truly now 2024, not 2020? I'm just not sure how those fields... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 15, 2020

Google is not the definitive record. If you have anything that looks odd, you need to go to the official record which is accessible by https://portal.uspto.gov/pair/PublicPair

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Small Claims for Alaska on
Q: I inherited land from my mom when she passed but never got the land now it's been sold where do I stand to get my share?

The person who held the land filed bankruptcy then sold the property before giving me anything including that he was going to sell.

Timothy Denison
Timothy Denison answered on Nov 19, 2019

If someone else other than your mother held title to the property, you don’t have anything to inherit. Assuming there was a legal basis for your claim to the property, you probably should have intervened in the bankruptcy. If you weren’t listed as a creditor, you can possibly still maintain... Read more »

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