Can I move out of state with my child if I have sole custody?
Yes, you can move out of state with your child if you have sole custody in Alaska. The parent with physical custody or sole legal custody has the right to move the child to any location in Alaska or to another state. However, the parent must give the other parent or anyone else with custodial rights, notice of the move. Generally, this must be done in writing, at least 30 days prior to the move. It is important to keep in mind that in some cases, the other parent may have the right to object to the move. This could be the case if the move isn’t in the best interests of the child or there is a substantial change in the child’s relationship with either parent. If this is the case, the parent with physical custody must then file for a modification of the custody order before they can move. The court will then consider factors such as the child’s existing relationship with each parent, the age of the child, and the needs of the child to determine if the move is in the best interest of the child. The court has the final say in the matter. If it is found not to be in the best interests of the child, the move may be denied and the case will remain in Alaska.
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