Child Custody and Relocation Laws in Alaska

In many divorces, child custody is a source of contention between the parents. If parents aren't able to agree on custody, a judge will eventually make the decision for them. But the story may not end there, because circumstances can arise after the divorce that might necessitate changing the existing custody order. A prime example of this is when a parent wants to relocate with a child. Is that permitted in Alaska? And if it is, can the other parent do anything about it? Here's a basic rundown of how Alaska law answers these questions.

Alaska Custody Laws in a Nutshell

The Alaska statutes provide for both legal and physical custody. Legal custody relates to making the major decisions in a child's life, such as education, religious upbringing, and non-emergency medical treatment. Physical custody refers to where the child will live.

When it comes to legal custody, more often than not the parents will share this responsibility. This basically ensures their mutual involvement in the children's lives after divorce—a benefit to both them and the kids. The exception to this general rule is when a court determines that one of the parents is unfit to make decisions for the children, such as when the parent is guilty of child abuse.

Physical custody is a different story, because a lot depends on where each parent lives. If they live in the same town, or at least the same school district, that makes sharing physical custody easier, because it's unlikely to significantly alter the children's routine. Shared physical custody in Alaska means that the children spend at least 30 percent of their time (110 overnights) with each parent. When a child lives with one parent more than 70 percent of the time, that parent is said to have primary physical custody. (Alaska Courts Glossary of Family Law Terms)

The most important thing to remember when discussing child custody in Alaska is that judges are guided by one underlying principle—what is in the best interests of the child.

What Happens When Alaska Parents Want to Relocate with Children?

When one parent proposes changes in custody resulting from a parent's desire to relocate, the best interest of the child remains the judge's primary concern. That's particularly true when it's the custodial parent who wants to move.

If the move is local, it's usually not a major issue. But things can get complicated—and contentious—when the custodial parent wants to move far away. Far enough, for instance, that it would impact a noncustodial parent's visitation rights (the time a parent gets to spend with the child when the parent doesn't have physical custody).

Parents who want to request a modification of custody need to file a motion (written legal request) with the court. In order to succeed, they usually have to prove that there's been a change in circumstances that would justify modifying the existing custody order. It's up to the judge to decide whether a significant change of circumstances exists in a particular case. (Alaska Stat. § 25.20.110(a) (2025).)

Alaska courts have held that a parent's desire to relocate constitutes a sufficient change of circumstances for a judge to consider a modification of physical custody. (Ott v. Runa, 463 P.3d 180 (2020).)

How Do Alaska Judges Decide Whether to Allow Parents to Relocate With Children?

According to the Ott case referenced above, the court has to apply a two-step analysis in deciding a parent's relocation request. First, a judge must assess the legitimacy of the move, particularly whether the move is primarily motivated by a desire to make visitation more difficult. If the court determines the reasons for the move are legitimate, it then considers the child's best interests, with neither parent being favored.

The law provides judges with a list of factors to look at in determining the scenario that will best serve the child's best interests. Some of these factors are:

• the child's physical, emotional, mental, religious, and social needs
• each parent's capability and desire to meet these needs
• the child's preference if the child is of sufficient age and capacity to form a preference
• the love and affection existing between the child and each parent
• the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• each parent's willingness and ability to facilitate and encourage a close and continuing relationship between the other parent and the child (except in cases of abuse where it appears that a continuing relationship with the abusive parent will endanger the health or safety of either the other parent or the child)
• any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents
• evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child, and
• any other factors that the court considers pertinent.

(Alaska Stat. § 25.24.150(c) (2025).)

What Constitutes a Legitimate Reason to Relocate?

If you're a custodial parent in Alaska who's planning on moving somewhere with your child, and your ex is objecting to the move, you'll need to show a judge that there's a good reason for relocating.

For example, wanting to relocate to Florida because you're tired of cold weather isn't exactly a compelling reason for uprooting children from their school and community ties. But if you want to move because your employer requires it, and it would be difficult to find comparable employment locally, you'll have a much better chance of winning your case. Having to move to care for an aging parent would be another strong argument.

Just remember that while the court will consider both parents' competing needs, its primary focus will be on the best interests of the child.

How Important Is a Child's Preference When a Parent Wants to Relocate?

Judges can consider a child's preference, but the weight of their preference depends on the child's age and ability to make a choice. Alaska courts have held that—regardless of the child's age—if the child doesn't seem mature, or there's evidence that the child's choice is motivated by improper reasons (such as being bribed by a parent), the court can disregard the child's wishes or give it little weight. On the other hand, a well-reasoned preference by a mature teenager could be a deciding factor in the court's decision. (Oscar M. v. Marilyn P., 555 P.3d 40 (Alaska 2024).)

How Likely Is it that a Judge Will Permit a Parent's Relocation?

A parent has a legal right to move. A court can't prevent that. The issue is whether a parent can take their child with them.

If a parent has a legitimate reason for moving, and it appears that the relocation is in the child's best interest, a noncustodial parent will have a tough time convincing a judge to prevent the move.

But determining what's in a child's best interest can sometimes be a tricky path for a judge to navigate. There are many factors to consider. For instance, the older a child gets, the more significant their ties to their community might be. Whether those ties are positive or negative may be critical to a judge's decision.

The impact of a move on the noncustodial parent can be life-altering. If you're used to seeing your child a few days a week and every other weekend, for example, the prospect of losing that access can be devastating. In cases like these, unique visitation schedules are often created to compensate for the time that's lost. In some cases, noncustodial parents may have extended visitation during school vacation breaks and in the summer. But there could be a variety of reasons (such as work schedules) that might make that impractical.

The impact on a noncustodial parent might not be the most significant factor in a relocation case. But, if the other facts of the case leave the scale evenly balanced to a point where the judge's decision could go either way, it might be enough to sway a judge to award custody to the noncustodial parent.

What If the Custodial Parent Moves Without Court Approval?

At the beginning of a divorce case, the judge will issue an order prohibiting either parent from moving a child out of state. If the custodial parent moves with the child out of state while a divorce is pending, there's a risk this could be seen as custodial interference, a Class C felony in Alaska. Moving your child out of state while a divorce is pending could result in a prison sentence of up to five years and a fine of up to $50,000. If there's a similar court order in effect after the divorce, the criminal statute would likely still apply. (Alaska Stat. § 11.41.320 (2025).)

If a move out of state happens after the divorce is over, but there's no court order in place preventing it, it would likely lead at the very least to the noncustodial parent's filing a motion with the court to have the child returned. This could result in a prolonged and expensive court battle, which isn't in the interests of the parents or the child. That's why it's best to get the matter ironed out before making the move.

Do You Need an Attorney to Deal with a Parent's Planned Relocation?

There's nothing preventing you and your ex from resolving the issue of a planned relocation on your own. If you're able to agree on an arrangement that you're both comfortable with, that's great. If you're having trouble reaching an agreement on your own, you could try mediation as a means of reaching an agreement.

But if you can't settle your differences, and find the only way forward is through a courtroom, you should consult a knowledgeable family law attorney. Court proceedings are stressful and complex. Custody matters are uniquely stressful because the outcome of your case can have a huge impact on your relationship with your child. The best way to protect yourself in this situation is to speak with an attorney.