Alaska Custody Modification Agreement

CUSTODY MODIFICATION AGREEMENT

State of Alaska — Superior Court

Case No.: [____] [________________________________]
Judicial District: ☐ First (Juneau) ☐ Second (Barrow/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

Alaska law requires a showing that "a change in circumstances requires the modification of the award and the modification is in the best interests of the child" (AS 25.20.110). The Parents stipulate that the following material changes in circumstances have occurred since entry of the Original Order:

☐ Parent relocation within Alaska (specify community): [________________________________]
☐ Parent relocation involving extreme 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 (note: temporary deployment alone is not grounds for permanent modification per AS 25.20.110): [________________________________]
☐ Domestic violence finding since last order (constitutes change in circumstances per AS 25.20.110): [________________________________]
☐ Substance abuse affecting child's well-being (AS 25.24.150(c)(8)): [________________________________]
☐ ICWA or tribal court determination 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):
☐ Child is under age 10 — preference not solicited
☐ Child is age 10+ — child has expressed the following preference: [________________________________]
☐ Child's preference was considered by the court through: ☐ In-chambers interview ☐ Guardian ad litem ☐ Custody investigator

(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

Under AS 25.20.110 and relevant Alaska case law (including Silvan v. Alcina, 105 P.3d 117 (Alaska 2005)):

Notice: Any parent intending to relocate shall provide at least [____] days' written notice (minimum 30 days recommended) 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: Relocation within the road system that does not substantially affect the parenting schedule ☐ requires ☐ does not require prior court approval.

Within Alaska — Off Road System: Relocation to or from a community not on the road system ☐ requires court approval ☐ requires written consent of the other parent.

Out of State: Relocation outside Alaska requires either written consent of the other parent or court approval under AS 25.20.110.

Alaska-Specific Considerations: Given Alaska's extreme geography, the court shall consider:

• 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)–(j), there is a rebuttable presumption that a parent who has a history of perpetrating domestic violence may not be awarded sole or joint legal or physical custody of a child. The presumption may be overcome only by demonstrating (per AS 25.24.150(h)):

☐ Completion of a batterers' intervention program approved by the court
☐ No current substance abuse issues
☐ Best interests of the child require participation of the parent who committed violence
☐ Other factors: [________________________________]

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

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

IX. ICWA AND TRIBAL COURT CONSIDERATIONS (IF APPLICABLE)

☐ This section does not apply — no child is an Alaska Native or enrolled/eligible tribal member.

☐ One or more children are Alaska Native or eligible for tribal enrollment.

• Tribe(s): [________________________________]
• Tribal enrollment number(s): [________________________________]
• ICWA notice requirements ☐ have been ☐ have not been satisfied
• Tribal court ☐ has ☐ has not exercised or declined jurisdiction
• Tribal court order, if any: [________________________________]

Note: Under the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963) and Alaska's tribal sovereignty framework, tribal courts may have concurrent jurisdiction. Parties should consult with tribal courts and counsel regarding any ICWA implications.

X. PARENT EDUCATION COMPLIANCE

Alaska courts require completion of parent education before entry of a final custody order.

☐ Both Parents have completed the required parent education program:

• Parent A completed: ☐ Listen 2 Kids About Divorce ☐ Children in Between ☐ Between Two Homes ☐ Family Law Education Class (FLEC) — Date: [__/__/____]
• Parent B completed: ☐ Listen 2 Kids About Divorce ☐ Children in Between ☐ Between Two Homes ☐ Family Law Education Class (FLEC) — Date: [__/__/____]

☐ Parent education certificates have been filed with the court.

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 engage a qualified family mediator before filing a court motion. Alaska Court System mediation resources are available through the court's Family Law Self-Help Center.

Step 3 — Court Intervention: If mediation fails, either Parent may file a motion with the Superior Court. The court retains jurisdiction to enforce and interpret this Agreement.

Emergency Matters: Either Parent may seek emergency relief from the Superior Court under Alaska Civil Rule 65 without first completing mediation if the child's immediate 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 violation of this Agreement may result in contempt of court, modification of custody, and an award of attorney's fees

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.

Counterparts and Electronic Signatures: This Agreement may be executed in counterparts. Electronic signatures are valid under Alaska law.

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.

Parent A:

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

Parent B:

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 material change in circumstances 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
☐ Parent education requirements have been satisfied
☐ ICWA requirements have been satisfied (if applicable)

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 25.24.150(g) — Domestic violence rebuttable presumption
• Silvan v. Alcina, 105 P.3d 117 (Alaska 2005) — Relocation and best interest analysis
• 25 U.S.C. §§ 1901-1963 — Indian Child Welfare Act (ICWA)
• Alaska Court System — Family Law Self-Help Center: https://courts.alaska.gov/shc/family/
• Alaska Court System — Custody Modification: https://courts.alaska.gov/shc/family/shcmodify.htm
• SHC-1128 — Joint Parenting Plan and Order form
• Parent Education Requirements: https://courts.alaska.gov/shc/family/shcparent-ed.htm