2 weeks ago
When a child custody or visitation order is in effect, a parent who wishes to modify that physical custody order must first allege through court filings facts that, if proven, demonstrate a “substantial change in circumstances.” A custodial parent under Alaska law is one who has at least 110 overnights a year with the child (30% of the year); anything less is considered visitation, and a lesser showing of changed circumstances is required to modify only visitation.
The alleged facts must show that circumstances have changed since the last custody order was entered. Because courts are reluctant to allow discontented parents to continually reopen custody disputes, the alleged changes must be permanent rather than temporary; must be considered in the aggregate by the court; and the changes must reflect more than the mere passage of time. If changed circumstances are found, then the court will hold a hearing to determine if a modification of the custody order, in light of the new circumstances, would be in the child’s best interests.
Attached is an article about custody modification written by Attorney Ehren Lohse. If you have questions and would like to make an appointment with an attorney at CSG, Inc., please contact our office at 452-1855.
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