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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18362
Experience:  B.A.; M.B.A.; J.D.
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Can my daughter in oregon, leave a abusive husband and move

Customer Question

Can my daughter in oregon, leave a abusive husband and move her and kids to us in Alaska and file for divorce here?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

Yes, she can. However, it is prudent for her to wait at least 30 days to establish that she is a resident of Alaska in order to file the divorce action. Her husband may challenge the jurisdiction of the state to issue custody and visitation Order because Oregon will be considered the home state of the children if the children have not resided in Alaska for six months before the divorce action. However, since she is fleeing the state because of abusive situation, it is unlikely that the husband will prevail.

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