Legal Information: Alaska

Custody

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Updated: 
August 9, 2023

In which state can I file for custody?

Under a federal law called the UCCJEA, you can generally only file for custody in the “home state” of the child. The “home state” is the state where the child has lived with a parent, or a person acting as a parent, for at least six consecutive months. If the child is less than six months old, the “home state” is the state where the child has lived from birth. Temporarily going out of the state does not change anything. If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, a custody case can be started in the state that the child last lived in for at least six months.

There are exceptions to the home state rule, however. In some cases, you can file for custody in a state where the children and at least one parent have “significant connections.” Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction.1  This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this. If you have lived in Alaska for less than six months, and you, your child, or your child’s sibling are in danger of maltreatment or abuse, see Can I get temporary emergency custody?

1 AK ST § 25.30.300

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