Kenai, AK asked in Child Custody, Criminal Law and Family Law for Alaska

Q: Can we move out of state with our child and have the cases transferred

Our son is a child in need of aid but the court granted us full custody and rights over our child. We were in the process of moving to Texas to be with family can we still move and have our case transferred. We have another hearing in 6 months and how fast can we leave

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

A: More information is needed to answer you question. Child custody jurisdiction usually requires that you and the child reside in the new state for at least 6 months before that state can handle custody matters. However, that's not automatic, and if the other parent still resides in the original state and objects to transfer, then jurisdiction might stay in Alaska. If you have another hearing scheduled, that suggests that you may not have a final order, and if the case is still at the interim stage, there may be restrictions on leaving the state. Regardless of all that, you would need to be sure that moving wouldn't interfere with the other parent's scheduled visitation. A consult with a family lawyer would be a very good idea prior to making the move.

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