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When a marriage ends, many people decide to make a fresh start by moving out of state. However, if your divorce includes a child custody agreement, you can’t just pack up and leave. There are relocation rules to consider, which are set by the arrangement and the state’s laws. If you’re a resident of Alaska, here’s more information about relocating after a divorce.

Alaska’s Requirements for Relocation

If you want to relocate out of state with your child after a divorce, Alaska laws may allow it if your ex-spouse doesn’t object. The court also has to approve the reason for the move and deem it’s in the best interest of your child.

If your ex-spouse hasn’t consented to the move, you’ll need to file a motion to modify child custody to legally relocate. Your ex-spouse will be served with the complaint and have 30 days to dispute the move. If they do, the court will hold a proceeding to hear arguments from each side.

child custodyUltimately, a judge will decide whether the relocation is in your child’s best interest. They’ll do this by weighing various factors, like each parent’s involvement in the upbringing, if there are siblings the child would move away from, and how the relocation will affect their academic and social circumstances.

Common Disputes & How They’re Settled

Disputes that arise during a relocation hearing are resolved by a judge in a manner they believe is in the child’s best interest. For example, if you have sole custody and want to move out of state to take a higher-paying job, the relocation request will likely be approved if the judge believes it’ll benefit your child’s overall quality of life.

If you share joint custody, the judge may take into account how much time the child spends with each parent. If they’re already spending the majority of their time with you and the relocation is beneficial, the request will likely be granted.

 

If you’re considering moving out of state with your child, turn to Darryl L. Jones, Attorney at Law. With offices in Palmer and Anchorage, AK, this lawyer has served clients throughout the Matanuska-Susitna Valley for over 30 years. He’s highly experienced in divorce law, child custody, and child support. Call (907) 746-9851 to speak with a team member in Palmer, or dial (907) 278-1212 to get in touch with the office in Anchorage.

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