Q: Can I leave Alaska with my 2 month old child if not legally married?
I have a new baby with my boyfriend. The relationship is struggling and he repeatedly has asked me to leave. I don't have anywhere to go. My family is in Texas. I cannot financially provide for my child and need to move home with my family where there will be financial help and my mother can assist with child care. He has told me that I will never be able to take the child and move out of state. I cannot be a single mother so far from my family support network. He does not know that I am thinking of leaving. If not court case is pending and child is less than 6 months old, can I leave? I do not plan to restrict him from seeing child, but I just can't provide a decent life alone here.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Alaska
- (907) 868-5050
- View Profile
- Answered
A: There is nothing to prevent you from moving, if that's what you need to do. Just do it in a way that respects the father's rights. The best practice is to file a custody case before you go, and get interim approval from the court for your move. If you don't have the resources to do that, then move now and file for custody once you're settled. You should give the father your new contact info as soon as you can, and try to make it easy for him to visit as much as the distance will allow. This is important, because you don't want it to look like you left for the sole purpose of cutting him of from the child. If you don't file to get a custody order, the father probably will. If you can't afford a lawyer to help you with that, you can ask the court to order the father to pay some or all of your attorneys' fees. If either of you files before the child has been in the new state for six months, Alaska will probably have jurisdiction to make the custody determination.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
