Moving Away With a Child in Alaska: Relocation Notice, Distance Rules and Burden of Proof

We found no relocation notice statute in Alaska’s custody sections: no notice period, distance rule or objection window. A move that needs a new order is a modification requiring a change in circumstances and the child’s best interests.

Does Alaska have a relocation notice law for parents?

We found none. We read AS 25.20.060 to 25.20.130 and AS 25.24.150, the Alaska custody sections, and none sets a notice period, a distance trigger or an objection window for a parent who wants to move with a child.

QuestionWhat we found
Relocation notice statuteNone found in AS 25.20.060 to 25.20.130 or AS 25.24.150
Notice period or distance ruleNone found
Standard to change an orderA change in circumstances that requires it, and it must be in the child’s best interests (25.20.110(a))
Factors that bear on a moveCommunity where the child lives, proximity and travel between the parents, continuity, each parent’s support of the other relationship
Court that decidesThe Alaska court with exclusive, continuing jurisdiction (25.30.310)

How is a move handled in Alaska then?

As a question about changing the custody or visitation order. An award may be modified if the court determines that a change in circumstances requires the modification and the modification is in the best interests of the child; if a parent opposes and the modification is granted, the court must state its reason on the record (AS 25.20.110(a)). The best-interest factors include the stability of the child’s environment and the desirability of continuity (25.24.150(c)(5)).

What does the court look at in a move case?

For shared custody the court looks at the advantages of keeping the child in the community where he or she lives, the proximity of the parents to each other and to the child’s school, the feasibility of travel between them and each parent’s willingness to facilitate the child’s relationship with the other (25.20.090(5)-(6)). The same section lets the court weigh the actual time spent with each parent.

Which court decides?

A court that made a custody determination under the UCCJEA has exclusive, continuing jurisdiction until a court finds that neither the child, nor the child and a parent, has a significant connection with Alaska and substantial evidence is no longer available there, or until neither the child nor a parent lives in the state (AS 25.30.310(a)). A move can therefore change which state decides later disputes.

What about child support after a move?

After setting an award the court allocates the reasonable travel expenses necessary to exercise visitation as is just and proper (Civil Rule 90.3(g)). Moving the child far from the other parent can raise those costs. See the Alaska child support calculator and the Alaska parenting time calculator to recount overnights under a revised schedule.

Does paying child support matter?

Yes, in a modification. The court considers the parents’ history of complying with child support orders, but only if the parent knew the amount and had or could have obtained the funds (25.20.110(b)).

What should you do before moving?

Read your own order, which may restrict moving, and ask a licensed Alaska attorney. If the move changes the schedule, ask the court for a modified order first rather than relying on the absence of a statute.

Frequently asked questions

Do I need to notify the other parent before moving with the child in Alaska?

We found no notice statute in the Alaska custody sections; your order may require it.

How does Alaska decide a relocation?

As a modification: a change in circumstances that requires it, and the child’s best interests.

Does Alaska have a distance rule for moving?

None in the custody sections we read.

Which Alaska court decides custody after a move?

The court with exclusive, continuing jurisdiction, until the child and parents no longer have a significant connection to Alaska.

Does the other parent pay travel costs after an Alaska move?

The court allocates reasonable travel expenses for visitation as is just and proper.

Official sources

Going through a divorce or custody case in Alaska?

A local family law attorney can review your situation — many offer a free consultation.

Talk to an Alaska attorney

This is general information, not legal advice. It is based on the cited Alaska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alaska attorney.