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Out of state custody

Asked over 2 years ago - Tacoma, WA

my wife has taken my kids to alaska it was only supposed to be for 1 month now she states she is not returning ! there are no custody orders and i would like to see them and cannot afford to fly up there often. Is there a law that can make her either bring them back or provide regular visitation? at her cost as I did not want my kids in alaska in the first place it was okay as a trip but not for a permanent thing please help

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Attorney answers (1)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 2 years ago. Family Law Attorney in Renton, WA.

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If your children were subject to the jurisdiction of WA courts before taking their trip to AK, you should file an appropriate petition with the appropriate WA court before WA courts lose jurisdiction over the children. In general, that would be 6 months after the children left the state.

If WA courts have jurisdiction over the children, WA courts can order your wife to return the children to WA for the WA courts to figure out what to do with the children.

On the other hand, if the court awards custody of the children to your wife, she generally can move with children out of state unless you can convince the court that allowing the children to move would not be in their best interest. The moving parent is supposed to provide notice to the other parent and the court.

You should promptly review your specific facts with your attorney before you lose some rights.

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