Asked in Child Custody, Divorce, Domestic Violence and Family Law for Alaska

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

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

A: 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 a chance you won't be able to do the divorce there, especially if child custody and property issues still have to be dealt with in Alaska. Child custody jurisdiction generally requires the children to have lived in the new state at least 6 months (there may be an exception if you need an interim custody order quickly to protect against imminent threat of DV-you should check with a lawyer in the new state about that.)

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