Asked in Child Custody for Alaska

Q: Can custodial parent send child to spend summer out of state without noncustodial parents permission?

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1 Lawyer Answer
Phyllis Shepherd
Phyllis Shepherd
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: I am assuming that this child is a resident of the state of Alaska and the fact that you call one parent custodial and the other parent noncustodial, suggests that there is an Alaskan court order governing this situation. If the court order does not mention the situation of a child traveling out of state, then the custodial parent should be very careful to not send the child to a state where Covid-19 is a bigger risk than in Alaska. Alaskan courts are asking parents to avoid sending children to other states during this pandemic. The noncustodial parent may have rights to visitation during the summer especially if this is a school aged child. The noncustodial parent should always be informed of the child's whereabouts unless the court order specifically denies the noncustodial parent that right. A custodial parent could be at a high risk of having an accusation of custodial interference alleged against him or her and that could amount to an act of domestic violence by the custodial parent; thus, it is almost always a very smart move to get the noncustodial parent to agree in writing to allow the child to travel out of state and that the noncustodial parent should always be allowed to continue to have access to the child by video or visitation even out of state unless there is a specific court order forbidding the noncustodial parent from having such access.

Tim Akpinar agrees with this answer

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