Alaska Custody Modification Agreement

CUSTODY MODIFICATION AGREEMENT

State of Alaska — Superior Court

Case No.: [____] [________________________________]
Judicial District: ☐ First (Juneau) ☐ Second (Utqiagvik/Nome) ☐ Third (Anchorage) ☐ Fourth (Fairbanks)

PARTIES AND CHILDREN

Parent A (Petitioner): [________________________________]

• Address: [________________________________]
• City/Community: [________________________________], Alaska [____]
• Phone: [________________________________]
• Email: [________________________________]

Parent B (Respondent): [________________________________]

• Address: [________________________________]
• City/Community: [________________________________], Alaska [____]
• Phone: [________________________________]
• Email: [________________________________]

Minor Child(ren):

I. ORIGINAL CUSTODY ORDER

This Modification Agreement ("Agreement") amends and supplements the following existing custody order:

• Original Order Title: [________________________________]
• Date of Original Order: [__/__/____]
• Court: Superior Court for the State of Alaska, [________________________________] Judicial District at [________________________________]
• Case Number: [________________________________]
• Judge: The Honorable [________________________________]

All provisions of the Original Order remain in full force and effect except as expressly modified herein. Where this Agreement conflicts with the Original Order, this Agreement controls upon court approval.

II. CHANGE IN CIRCUMSTANCES UNDER AS 25.20.110

AS 25.20.110 permits modification when the court determines that a change in circumstances requires modification and the modification is in the child's best interests. The Parents stipulate that the following changes have made the existing parenting plan no longer workable or no longer in the child(ren)'s best interests:

☐ Parent relocation that makes the existing schedule impracticable: [________________________________]
☐ Relocation involving substantial distance or road-system inaccessibility: [________________________________]
☐ Child's changing school or developmental needs: [________________________________]
☐ Child's expressed preference (if of sufficient age and capacity per AS 25.24.150(c)(3)): [________________________________]
☐ Change in parent's employment or work schedule: [________________________________]
☐ Seasonal employment changes (fishing, oil field, tourism): [________________________________]
☐ Completion of court-ordered program (batterers' intervention, substance abuse treatment, parenting classes): [________________________________]
☐ Military deployment or return from deployment requiring a temporary accommodation under AS 25.20.095 and AS 25.20.110(d)–(h): [________________________________]
☐ Finding of domestic violence since the last custody or visitation determination (a statutory change in circumstances): [________________________________]
☐ Substance abuse affecting child's well-being (AS 25.24.150(c)(8)): [________________________________]
☐ Existing tribal court order or related court proceeding affecting custody: [________________________________]
☐ Other: [________________________________]

Detailed Description of Changed Circumstances:
[________________________________]
[________________________________]
[________________________________]

III. BEST INTEREST ANALYSIS UNDER AS 25.24.150(c)

The Parents acknowledge that this modification serves the child(ren)'s best interests under the nine statutory factors:

(1) Physical, emotional, mental, religious, and social needs of the child:
[________________________________]

(2) Capability and desire of each parent to meet those needs:
[________________________________]

(3) Child's preference (if of sufficient age and capacity to form a preference):
☐ No preference is offered
☐ Child is of sufficient age and capacity and has expressed the following preference: [________________________________]
☐ The preference was or may be presented through a method approved by the court: [________________________________]

(4) Love and affection existing between the child and each parent:
[________________________________]

(5) Length of time child has lived in stable, satisfactory environment and desirability of maintaining continuity:
[________________________________]

(6) Willingness and ability of each parent to facilitate a close and continuing relationship with the other parent:
[________________________________]

(7) Evidence of domestic violence, child abuse, or child neglect:
☐ No history of domestic violence, abuse, or neglect
☐ History exists — details: [________________________________]
☐ AS 25.24.150(g)–(j) rebuttable presumption applies (see Section VIII below)

(8) Evidence that substance abuse directly affects the child's well-being:
☐ No substance abuse issues
☐ Substance abuse history — current status: [________________________________]

(9) Other pertinent factors:
☐ Geographic distance between parents' residences (miles/travel time): [________________________________]
☐ Road accessibility (on/off road system): [________________________________]
☐ Availability of air travel between communities: [________________________________]
☐ Seasonal travel limitations (winter road closures, weather delays): [________________________________]
☐ Alaska Native cultural and subsistence activity considerations: [________________________________]
☐ Sibling relationships: [________________________________]
☐ Other: [________________________________]

IV. MODIFIED CUSTODY PROVISIONS

A. Legal Custody Modification

Original Arrangement: ☐ Joint legal custody ☐ Sole legal custody to Parent A ☐ Sole legal custody to Parent B

Modified Arrangement:
☐ Joint legal custody — both Parents share decision-making authority
☐ Sole legal custody to Parent [____]
☐ Joint legal custody with final decision-making authority to Parent [____] on the following issues:

• ☐ Education: Parent [____]
• ☐ Non-emergency medical: Parent [____]
• ☐ Mental health treatment: Parent [____]
• ☐ Religious upbringing: Parent [____]
• ☐ Extracurricular activities: Parent [____]
• ☐ Out-of-state travel: Parent [____]

B. Physical Custody Modification

Original Arrangement: [________________________________]

Modified Arrangement:

☐ Option 1 — Shared Physical Custody (on road system):
Week 1: Parent A has child(ren) from [________________________________] to [________________________________]
Week 2: Parent B has child(ren) from [________________________________] to [________________________________]

☐ Option 2 — Primary/Visiting (parents in same community):
Primary physical custody with Parent [____]
Visiting parent schedule: [________________________________]

☐ Option 3 — Long-Distance Alaska Schedule (parents in different communities):
School year: Child(ren) reside with Parent [____] in [________________________________]
Extended breaks: Child(ren) with Parent [____] as follows:

• Thanksgiving break: [________________________________]
• Winter break: [________________________________]
• Spring break: [________________________________]
• Summer: [________________________________] weeks with Parent [____]
  Virtual contact during school year: ☐ Daily ☐ Every other day ☐ Weekly at [________________________________]

☐ Option 4 — Bush/Off-Road-System Schedule:
Due to geographic inaccessibility, the following modified schedule applies:
[________________________________]
Air travel arrangements: [________________________________]
Weather delay contingency: If scheduled air travel is cancelled due to weather, the following applies: [________________________________]

C. Exchange Location and Transportation

Exchange Location: [________________________________]
☐ Public location (school, library, police station lobby)
☐ Anchorage, Fairbanks, or Juneau airport terminal
☐ Bush plane terminal at [________________________________]

Transportation Responsibility:
☐ Receiving parent picks up child(ren)
☐ Parent A provides transportation for [________________________________]
☐ Parent B provides transportation for [________________________________]
☐ Travel costs shared: Parent A [____]% / Parent B [____]%
☐ Alaska Airlines or Ravn Alaska mileage plan for child travel maintained by Parent [____]

Alaska-Specific Travel Provisions:

• For travel requiring commercial air service, reservations shall be made at least [____] days in advance
• If a connecting flight through Anchorage or Fairbanks is required, the following layover arrangements apply: [________________________________]
• Unaccompanied minor services shall be used for children ages [____] through [____]
• Emergency weather delay protocol: The parent currently with the child shall retain the child until safe travel is available and notify the other parent immediately

V. MODIFIED HOLIDAY AND SEASONAL SCHEDULE

Holidays shall be allocated as follows (modifications from Original Order indicated):

Subsistence and Cultural Activities:
☐ Child(ren) may participate in subsistence fishing, hunting, and gathering activities with either parent during that parent's custodial time
☐ Special provisions for subsistence activities: [________________________________]
☐ Cultural camp or Alaska Native heritage events: [________________________________]

Seasonal Daylight Considerations:
☐ During winter months (November-February), exchange times adjusted to: [________________________________]
☐ During summer months (May-August), extended evening activities permitted until: [________________________________]

VI. MODIFIED COMMUNICATION PROVISIONS

Parent-Child Communication:

• The parent without physical custody shall have ☐ daily ☐ every-other-day ☐ weekly contact via:
  ☐ Phone ☐ Video call (FaceTime, Zoom) ☐ Text/messaging

• Scheduled contact time: [________________________________]

• For parents in rural/bush communities with limited connectivity: Alternative communication plan: [________________________________]

Parent-to-Parent Communication:
☐ Direct phone/text/email
☐ Co-parenting app (OurFamilyWizard, TalkingParents, AppClose)
☐ Communication through attorneys only (high-conflict situations)

VII. RELOCATION PROVISIONS

Alaska's official custody-modification guidance applies a two-step analysis when a parent proposes to move out of state with a child: the court first asks whether the move has a legitimate purpose and is not intended to deny the other parent time, then applies the AS 25.24.150(c) best-interest factors while considering the consequences if the child moves and if the child remains. Silvan v. Alcina, 105 P.3d 117 (Alaska 2005), confirms that framework.

The following notice and consent terms are provisions the Parents propose for the modified order. They are not a statement that AS 25.20.110 creates a universal advance-notice period. Any existing custody order or standing injunction remains controlling until changed by the court.

Agreed Advance Notice: A parent intending to relocate shall provide at least [____] days' written notice to the other parent, including:

• Proposed new address and community
• Reason for relocation
• Proposed modified parenting schedule
• Transportation plan and estimated travel costs

Within Alaska — Road System: If the move would substantially affect the parenting schedule, the Parents shall ☐ sign and file a proposed modification ☐ request court determination before changing the schedule.

Within Alaska — Off Road System: The Parents shall address the resulting schedule and transportation changes by ☐ written agreement submitted to the court ☐ motion to modify.

Out of State: Before changing the court-ordered parenting plan or removing the child contrary to an existing order or standing injunction, the relocating parent shall obtain ☐ written agreement submitted to the court ☐ a court order.

Alaska-Specific Considerations: The Parents should address, and the court may consider as pertinent:

• Availability and cost of air transportation between communities
• Road accessibility and seasonal road closures
• Impact on the child's connection to their community, school, and cultural activities
• Willingness of the relocating parent to facilitate continued contact despite distance

VIII. DOMESTIC VIOLENCE PROVISIONS (IF APPLICABLE)

☐ This section does not apply — no history of domestic violence.

☐ This section applies. Under AS 25.24.150(g), there is a rebuttable presumption that a parent with a history of perpetrating domestic violence may not receive sole or joint legal or physical custody. Under AS 25.24.150(h), a history exists when the court finds serious physical injury during one incident or more than one incident of domestic violence. The presumption may be overcome by a preponderance of the evidence that:

☐ The parent successfully completed an intervention program for batterers, where reasonably available
☐ The parent does not engage in substance abuse
☐ The child's best interests require that parent's participation as a custodial parent because the other parent is absent, has a diagnosed mental illness affecting parenting, engages in substance abuse affecting parenting, or because of other circumstances affecting the child's best interests

Current Protective Orders: ☐ None ☐ Active protective order — Case No. [________________________________], Expiration: [__/__/____]

Visitation: If the court finds the statutory history, AS 25.24.150(j) generally requires supervised visitation conditioned on participation in and successful completion of a batterers' intervention program and a parenting education program, where reasonably available, unless the statutory findings for unsupervised visitation are made.

Proposed Safety Conditions (if applicable):
☐ Visitation supervised by: [________________________________]
☐ Visitation at supervised exchange center: [________________________________]
☐ Transition from supervised to unsupervised visitation — conditions: [________________________________]

IX. RELATED TRIBAL COURT ORDERS OR PROCEEDINGS

The Indian Child Welfare Act's definition of a “child custody proceeding” excludes an award, in a divorce proceeding, of custody to one of the parents (25 U.S.C. § 1903(1)). This parent-versus-parent modification therefore should not represent that ICWA notice, active-efforts, placement-preference, or qualified-expert-witness requirements apply merely because a child is an Indian child.

The Parents shall disclose any separate tribal court order or related proceeding that could affect this case:

☐ None known
☐ Tribal court or issuing body: [________________________________]
☐ Case or order number: [________________________________]
☐ Date and summary of order/proceeding: [________________________________]
☐ Registration, recognition, or jurisdiction issue requiring legal review: [________________________________]

X. COURT-ORDERED PROGRAMS AND LOCAL REQUIREMENTS

The current statewide standing order for contested domestic-relations cases identifies the Family Law Education Class as a resource and provides that a judge may order mediation or co-parenting programs. The Parents shall check the current filing packet, assigned judge's orders, and any order already entered in this case rather than assume a statewide certificate requirement.

☐ No program has been ordered
☐ Parent A completed a court-ordered or agreed program: [________________________________] — Date: [__/__/____]
☐ Parent B completed a court-ordered or agreed program: [________________________________] — Date: [__/__/____]
☐ Required proof of completion has been filed or provided as ordered

XI. PERMANENT FUND DIVIDEND (PFD)

☐ The child(ren)'s PFD shall be: ☐ Divided equally between Parents ☐ Deposited into the child(ren)'s savings account ☐ Applied to the child(ren)'s expenses ☐ Other: [________________________________]

☐ Parent [____] shall be responsible for filing the child(ren)'s PFD application each year.

XII. DISPUTE RESOLUTION

Step 1 — Direct Communication: Parents shall first attempt to resolve disputes through respectful, child-focused communication.

Step 2 — Mediation: If direct communication fails, Parents shall request or engage a qualified family mediator before filing a non-emergency court motion. Court-sponsored parenting-plan dispute resolution may be requested using current Alaska Court System procedures.

Step 3 — Court Intervention: If mediation fails, either Parent may file an appropriate motion in the court that has jurisdiction over the custody order.

Emergency Matters: This contractual mediation step does not prevent either Parent from seeking immediate relief allowed by current court rules when the child's safety or well-being is at risk.

XIII. REPRESENTATIONS AND ACKNOWLEDGMENTS

Each Parent represents and acknowledges:

☐ This Agreement is entered into voluntarily and without coercion or duress
☐ Each Parent has had the opportunity to consult with an independent Alaska-licensed attorney
☐ The changed circumstances described in Section II are truthful and accurate
☐ This modification serves the child(ren)'s best interests under AS 25.24.150(c)
☐ Each Parent has disclosed all material information regarding current living situations, employment, relationships, and any circumstances affecting the child(ren)'s welfare
☐ Neither Parent has pending criminal charges, OCS investigations, or protective orders except as disclosed herein
☐ Each Parent understands that, after court approval, noncompliance may lead to enforcement proceedings or other relief allowed by law and the court's order

XIV. GENERAL PROVISIONS

Governing Law: This Agreement is governed by Alaska Statutes Title 25 and applicable Alaska case law.

Court Approval Required: This Agreement shall be submitted to the Superior Court for the State of Alaska, [________________________________] Judicial District, and shall become effective upon the court's entry of an order incorporating these modifications.

Severability: If any provision is held unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement: This Agreement, together with the unmodified provisions of the Original Order, constitutes the complete custody arrangement between the Parents.

Notice: All notices shall be sent to the addresses listed in the Parties section above, or as updated in writing with copy filed with the court.

XV. SIGNATURES

IN WITNESS WHEREOF, the Parents have executed this Custody Modification Agreement.

The Alaska Court System's current uncontested-modification packet instructs both parents to use Parenting Plan Agreement & Order form SHC-1128 and sign that form before a notary. Transfer the agreed terms to the official form and follow its signature instructions.

Parent A (sign as required by the official filing packet):

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Parent B (sign as required by the official filing packet):

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF ALASKA )
) ss.
[____] JUDICIAL DISTRICT )

I, [________________________________], being first duly sworn, state that I am a party to this Agreement and that the statements made herein are true and correct to the best of my knowledge and belief.

Signature: _________________________________
Date: [__/__/____]

SUBSCRIBED AND SWORN before me this [____] day of [________________________________], 20[____].

Notary Public for Alaska: _________________________________
My Commission Expires: [__/__/____]

ORDER OF THE COURT

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[________________________________] JUDICIAL DISTRICT AT [________________________________]

Case No.: [________________________________]

The Court, having reviewed the foregoing Custody Modification Agreement, and having considered the requirements of AS 25.20.110 and the best interest factors of AS 25.24.150(c), finds:

☐ A change in circumstances sufficient to support modification has occurred since entry of the Original Order
☐ The proposed modification is in the best interests of the child(ren)
☐ Both Parents have consented to this modification
☐ Any court-ordered program requirements have been addressed
☐ Any related tribal court order or proceeding has been disclosed

IT IS HEREBY ORDERED that the Custody Modification Agreement is APPROVED and incorporated into the custody order in this case.

Date: [__/__/____]

_________________________________
Superior Court Judge
[________________________________] Judicial District

Sources and References

• AS 25.20.110 — Modification of child custody or visitation (change in circumstances standard)
• AS 25.24.150(c) — Nine best interest factors for custody determination
• AS 25.20.060 — Petition for award of child custody
• AS 25.20.061 — Visitation in proceedings involving domestic violence
• AS 25.20.090 — Factors for consideration in awarding shared child custody
• AS 25.20.095; AS 25.20.110(d)–(h) — Military-parent custody and temporary modification
• AS 25.24.150(g) — Domestic violence rebuttable presumption
• Silvan v. Alcina, 105 P.3d 117 (Alaska 2005) — Relocation and best interest analysis
• 25 U.S.C. § 1903(1) — ICWA definition and parent-custody exclusion
• Alaska Court System — Custody Modification (rev. Nov. 7, 2025): https://courts.alaska.gov/shc/family/modify.htm
• Alaska Court System — Uncontested Motion Instructions SHC-1505 (rev. June 2025): https://courts.alaska.gov/shc/family/docs/shc-1505n.pdf
• Alaska Court System — Custody Complaint Instructions DR-415 (rev. June 2025): https://public.courts.alaska.gov/web/forms/docs/dr-415.pdf
• Presiding Judges' Statewide Domestic-Relations Standing Order (June 15, 2026): https://courts.alaska.gov/jord/docs/2026/pjo-dr-order.pdf
• Alaska Legislature — Title 25: https://www.akleg.gov/statutesPDF/Title-25.pdf