Anchorage, AK asked in Child Custody for Alaska

Q: Would like to change venue before I file to modify custody. Is that possible?

Have moved from the origin of custody and would be better to take care of in Anchorage.

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2 Lawyer Answers
Stefan Otterson
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Answered
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: If you and the other parent agree to the change of venue, then it should be ok. (I'm assuming "venue" means moving from one Alaska court to a different Alaska court.) If the other parent disagrees, it becomes a factual question for the court to decide, and it will be hard to predict the decision, even with complete information. Generally, you need to consider how inconvenient the change of courts would be for the other party. Where most of the witnesses are located, and whether the original judge has heard a great deal of evidence regarding your case in the past.

If you're talking about coming to Alaska from another state, it's different. Where the children have lived for the last 6 months is most important, but is not the only factor. It would be best to consult with an attorney if that's the question, as there are very specific statutory rules that govern jurisdiction.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Alaska

A: The last paragraph of Mr. Otterson's answer is based upon the Uniform Child Custody Jurisdiction and Enforcement Act, law in all but 1 (last time I checked) of the 50 states. If the courts of another state entered a custody order, that other state court continues to have custody and the courts of Alaska don't (unless neither party now lives in that other state).

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