Re: Moving out of State--UPDATE
After I won custody I asked my attorney if I could leave the state he said do what ever you want, then a week later he contacted me and told me it might be best if we let the mother know my intentions and he would consult with another attorney, after that I was very concerned with his advise and posted here.
Through my own research for Alaska Laws this is what I found out.
Because it is a large change of circumstances. The other parent has to be notified of intentions so that they have a chance to file for a modification.
or file your own with the court to be heard.
I found that and read several court cases where one parent left the state and the other parent filed against them, the Judge ordered the parent to return to Alaska, after the hearing the judge usually turned the custody over to the parent that filed for there return, In the hearing if both parents were both capable of meeting the needs of the children, what made his mind up on the decision and the reason for granting custody to the other parent was because when the other did not notify the court or parent of intentions, he believes that, that parent is not willing to ensure that the children will have reasonable visitation with other parent, basically being sneaky.
These cases are cases of my own judge and others.
So I have in writing notified all agencies, family members and offered to allow my child to spend 6 to 8 weeks in summer and rotating, X-mas, Thanksgiving the burden of transportation on myself. If the mother bites and agrees I will have signed document, notorized filed with court clerk. If not I will file my own petetion to move out of state.
Some states are different, best advice I can come up with is notify other parent of intentions, get it signed and filed with court clerk. If you leave and the state makes you return you most likely will lose custody for being (sneaky). If you clearly the best parent and the move is best for your family you have a better chance of walking away with custody and the right to move away.
Better then being ordered back to the state to loose it all.