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Submitted 21 days ago...

kayla_bby

kayla_bby

New User (4)

If my parents have joint custody of me can I move states to live with my father, without the permission of my mother?

I can no longer live with my mother. I am trying to move from Alaska (with mom) to Oregon (with dad.) I am trying to figure out if I need my moms permission to do so, or if I can just move. I am 16, and have tried getting emancipated, it's not easy in Alaska.

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Answer 1 / 3 - Submitted 20 days ago...

tomturkey

tomturkey

Brain (6,477)

The Alaska Bar Association can refer your parent to an Attorney who can answer legal questions regarding custody. Also here is a 1-800-478-3300 number if your father wants to talk to anone abot your relocating with him. I am sending you the laws in Alaska regarding when a non-custodial parent can file to ask for a review, Modification. Also I would sujest you talk to your mother and see if she would allow you to go stay with your father, if they can both agree to this then they can modifly the orignal custody order, and it is best that they agree. You are at the age you should be allowed by your parents to have a say in what parent you want to live with, although they are the ones to make the final decition.Alaska is a remote place. Often families relocate here as a result of military and job transfers, or because one spouse has an urge to live in the last frontier. Later, another job transfer occurs or a parent may find that living in a northern climate so far from family and friends is too much to bear. A parent's decision to leave Alaska undermines the ability of both parents to have continuous and equal contact with the children and forces parents or the court to choose which of the parents will enjoy primary physical custody of children. This article examines this troubling issue.

For married parents who know before a divorce occurs that one spouse will relocate at the time of the divorce or soon thereafter, the court can consider this issue in advance and make specific findings about what will occur in the best interests of the children when a parent relocates. Parents who resolve their marriages through the process of dissolution can put specific language into their agreement which tells the court what will happen if either parent later moves out of state. Coming up with a solution to this issue in advance may avoid costly litigation in the future.

What happens when parents already have a custody and visitation order in place which does not include any provisions concerning an out of state move by one parent? Generally, in order to ask a court to take another look at a custody award, a parent seeking modification must first prove that the circumstances have changed since the prior order was entered. For changes to custody, a substantial change of circumstances must be shown. The Alaska Supreme Court has stated that if a parent moves outside of Alaska, this change constitutes a substantial change of circumstances. As a result, a court will normally hold a hearing so that it can next determine whether to change custody and/or visitation and fashion another order which is in the best interests of the children.

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Answer 2 / 3 - Submitted 20 days ago...

kayla_bby

kayla_bby

New User (4)

The problem with this is that my parents were never married. When they separated 11 years ago I saw my dad every weekend every other month due to his slope job. This only lasted about a year when he moved out of state. The custody agreement has never changed. I never see him on a regular basis, and court still believes that I've been seeing him the same. I know that if he tried to fight for my custody he would surely loose. He is $60K behind in child support, is not able to get a drivers license, and has a very terrible criminal record. This is why I am trying to move with him, without courts getting involved.

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Answer 3 / 3 - Submitted 19 days ago...

tomturkey

tomturkey

Brain (6,477)

Wow! Why would you want to go to your fathers if he has a terrible crimmal record? His being behind in child support in itself is not a reason for your not being allowed to see or go to your fathers as long as your mother. and the court will allow you to go, however the fathers crimmal record can make a big difference in the eyes of the court in regards to changing custody if your father were to file. What makes you think that going to your fathers will make things better for you? Is it really that bad at your mothers? Regardless of any of this you would need the consent from your mom and the court to go. Have you tried talking to your mom about this, maybe the reason she is telling you no is because sheis trying to protect you, is that so wrong. You never even said how your dad feels, and his having a crimmal record does not mean that he has not changed, I hope I did not lead you to believe that people cannot change, but has he, thats the question here. Your going to have to except what your mother says until the courts change the custody order an grants your father custody.

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