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originallawyer
originallawyer, Family Law Attorney
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Experience:  5+ years of experience in divorce, custody battles and mediation.
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What are the laws in Alaska for my childs father taking her

Customer Question

What are the laws in Alaska for my child's father taking her out of state during an open custody case without notification and by being gone, denying my visitation?
Submitted: 11 months ago.
Category: Family Law
Expert:  originallawyer replied 11 months ago.
The rules governing your case would be found in any orders the Judge has handed down. These are individualized for each case.

So if you have a temporary order stating that you are the primary parent, etc, and a visitation schedule has been started, then your child's father would be in violation of the court order, and a Judge could give the police the authority to go get your daughter back.

Some courts issue what are called "standing orders" that are orders that are always attached to any case. Usually, in these orders, it tells each parent that they are not allowed to interfere with the other parent's time of custody.

Of course, if you have no orders in place, then the default is that each parent has the right to their child equally. Essentially, you will need to read very carefully any order the Judge has handed down and signed, and that is what is the controlling rule in your case.

I would immediately speak with an attorney, as the longer you wait, the longer your child is kept from you.

Legally, the father could be charged with Custodial Interference in the First Degree, which is a class C misdemeanor, if he is interfering with your custody. He can also be held in contempt of court and jailed or fined for violating the court order.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 350
Experience: 5+ years of experience in divorce, custody battles and mediation.
originallawyer and 6 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
That does not answer whether it is illegal for him to leave the state of Alaska with my child while there is an open custody modification case?
Expert:  originallawyer replied 11 months ago.
There is not a specific law in Alaska that says he cannot.

Rather, parents' behavior is dictated by a judge's order during a custody case. So, if the Judge said he could not leave the state, or specifically ordered that you had custody time and he has violated that order, then what he has done is illegal. Because he violated the Judge's order.

Like I stated above, if he is disobeying the court order he is violating your rights to custody and according to Alaska law, that IS illegal.

But if the Judge has not made any ruling on when you are supposed to have the child, or that the child may not leave the state, then what he is doing is NOT illegal.

Basically, the Judge has discretion here, to allow parents to take children out of the state on vacation, etc. That is why there is not a law definitively stating that a child cannot be removed from the state during a custody proceeding.

If he has disobeyed the order, like I stated above, he may be subject to the charge of Interference of Custody in the First Degree, which is a class C misdemeanor.

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