Anchorage, AK asked in Family Law for Alaska

Q: mother wishes to relocate Florida- Washington two children from the marriage (adultery) what steps should be taken

Mother relocating from Orlando, Florida to parents first in Alaska until she can secure residence in Washington. Father is being elusive but suggestive that he may bar her from leaving. They are most likely divorcing - mother not sure if she should file within the summer months of being in Alaska or wait until established residence in Washington. What steps should she take and what should she expect he can do. He has no money and already owes attorney fees from ongoing custody issues with his daughter in another state which he says he has just consented to give up and send her back to her mother. He is currently employed as a prep chef at a hotel chain and supposedly going to school (this will be his 8th job within 5 years and 3rd attendance of continuing eduction...each time dropping out). Mother is employees and can and has requested a transfer which was accepted. He has known of her intentions for about a year but she is due to leave the beginning of June and thus his "threat".

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Alaska

A: You have similar issues in another question which I just answered. I now see that you are planning to move to Alaska for a time and ultimately to Washington state. You should be aware of the Uniform Child Custody Jurisdiction and Support Act, which is the law in all of the states involved. It essentially provides that a court cannot adjudicate custody or visitation unless it is a court of the child's "home state". "Home state" is defined as where the child has lived for the six month period preceeding the filing of the action. Thus Florida is now the home state and will be until the child has lived in another state for at least six month. So you cannot (at the present time) file for custody (or for "dissolution" as it's called in Florida (divorce) anywhere but in Florida. Also, in general, once a custody case is started in one state, that state retains exclusive jurisdiction over custody matters; you won't be able to file another action in another state for custody of that child.

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