Q: How can we move out of state with a 50/50 custody plan? I am the mother with a significant other. I have no family here.
We are seeking help in trying to figure out how we can leave state with a 50/50 custody agreement. There are three children involved. Thier father has his immediate and extended family all reside in Alaska and all three children were born here. I have no family here and limited opportunity to succeed. I have a significant other whom I am not married to. What are our rights and can we leave? What are our options on how we can leave?
A: When you say we, I assume you mean you want to take the children with you, but the father would stay here. Unless you have an unusual custody schedule, you won't be able to follow it after you leave. That means you need either an agreement to change the schedule (and the custody percentage) or a court order. Preferably you would reach an agreement and then submit it to the court to have it reduced to an order. If you are not able to agree, then you'll have to file a Motion to Modify Custody and the court will decide which parent the children stay with during the school year (assuming they're all school age). Normally the other parent will then have most of the summer and all the holiday periods they can arrange travel for. Whether by agreement or by court order, you should also clarify who is responsible for the costs of travel for visitation (or what percentage each pays).
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