Legal Question in Family Law in Alaska
Joint custody and moving overseas
I have a son from a previous marriage, for divorce purposes we have joint custody but I am the sole provider for my son. My husband got orders to go to Italy but I have no way in contacting my x, he is not in the picture, I get no support from him. What steps do I need to take to get my son to Italy with us without having to find my x.
1 Answer from Attorneys
Re: Joint custody and moving overseas
You can petition the court, but if your child's father is in the military, it might be difficult to hold a hearing. It shouldn't be THAT hard to find him, since you know he got orders.
Further, if he is in the military, there is a procedure whereby you should be able to get support for the child without a lot of hassle. You don't say whether Italy is your home country, but if it is not, the arguments against it are stronger.
What I wouldn't suggest is simply going, without obtaining court permission, because the court still has jurisdiction over the child and you could end up with a parental kidnapping charge.