Asked in Family Law and Child Custody for Alaska

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?

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1 Lawyer Answer
Stefan Otterson
Stefan Otterson
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: 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 agreement, you'll need to file a Custody Complaint. If the "visit" has been less than 6 months, then you would file in the Idaho courts. If your daughter has been in Alaska for more than 6 months, it gets more complicated. In that situation, you should talk to an attorney about jurisdiction. Despite the 6 month rule, you might be able to convince the court that Idaho was still the best place to have the court case. That's not something that would be easy to do without some legal advice.

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