If a temporary modification is made to a custody order because of military duty, what happens when the parent returns?
Within 10 days of the deployed parent notifying the other parent/ court that s/he can resume custody or visitation, the temporary, modified custody order will no longer be in effect and the parents will go back to the terms of the original, permanent custody order unless the judge believes it is not in the child’s best interest to go back to the original order. Note: It would be up to the non-deployed parent to prove that resuming the terms of the original custody or visitation order is not in the best interest of the child.1
If the deployed parent has been moved out of state and the non-deployed parent believes that going back to the original, permanent custody order will result in immediate danger or severe harm to the child or there has been domestic violence, the non-deployed parent can file a motion (legal papers) in court. The judge must arrange for a hearing on this issue.2
1 Alaska Statute § 25.20.110(e)(2)
2 Alaska Statute § 25.20.110(e)(3)