North Pole, AK asked in Child Custody and Family Law for Alaska

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.

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1 Lawyer Answer
Stefan Otterson
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

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.

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