Asked in Child Custody for Alaska

Q: I would like to move out of AK, I am not married to the father. Can I take the child out of the State? Is it legal?

I can not afford an Attorney, is there any way to ask for physical custody without one? What are my best options as the sole provider

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

A: Yes, you can take the child out of state. Either parent can legally do that. Just be aware that without a custody order, the other parent can also legally come to the other state, pick the child up from school or daycare, and take the child back to Alaska. The fact that it's legal doesn't mean that it will look good to a judge who eventually has to decide custody. A judge has to consider everything, including whether your actions seem calculated to cut the other parent out. The best practice is to get a custody order before you go, with visitation etc. worked out in advance. That is something that can be done without an attorney. You should go to the Alaska court system's website, click the "Represent Yourself" button, and then click "Family Law Self Help Center." They have online forms and instructions, a phone line for basic questions, and periodic classes to help you file your own custody case.

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