Superior court retained jurisdiction over visitation dispute because ex-wife lived in Alaska and substantial evidence related to visitation dispute remained in Alaska pursuant to Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), stating that, if one parent remains in state, superior court retains jurisdiction until it finds that child no longer has significant connection to state and that substantial evidence regarding child’s care and personal relationships is no longer available in the state. Most relevant and important factor was safety of ex-wife’s home, adverse or dangerous conditions in ex-wife’s home could affect child’s care, protection, training, and personal relationships if visitation were enforced, and thus, substantial evidence regarding child’s care was available in Alaska.
http://www.courtrecords.alaska.gov/webdocs/opinions/ops/sp-6812.pdf
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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