[AK] [AK] Can I change my child’s school during a custody case?
During an ongoing custody case in Alaska, can I transfer my daughter from her school in Willow to a school in Anchorage so I can care for her, even though she currently lives with her grandparents?
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I can try to give some thoughts.
Under Alaska family law, when no formal custody order is yet in place, both parents technically share equal parental rights and decision-making authority regarding a child’s education, residence, and general welfare.
However, if one parent makes a significant unilateral decision—such as changing a child’s school or primary residence—before a custody order is entered, the court may view that action through the lens of the child’s best interests under AS § 25.24.150(c).
In determining whether a change of school is permissible, the court considers continuity, stability, and the parent’s ability to meet the child’s daily needs. Your reason for wanting to transfer schools—because the child currently lives in Willow with grandparents, and the father cannot transport her—shows a practical concern related to education and accessibility rather than a willful disregard of co-parenting rights, which may weigh in your favor.
Before making any changes, it is advisable to file a Motion for Temporary Orders (sometimes called a Motion for Interim Custody or Educational Authority) with the Alaska Superior Court. This allows you to explain to the judge that your proposed school change serves your daughter’s best interests—ensuring consistent attendance, parental involvement, and educational stability. The court can issue a temporary order giving you authority to enroll her in an Anchorage school pending the final custody hearing. Acting with court approval protects you from future claims of interference or parental alienation and provides judicial backing for any decision made in good faith for your child’s welfare.
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Can I switch my daughter’s school during a custody case? She’s living in Willow, Alaska with her grandparents. Her dad can’t pick her up every day but I can. But I can’t move to Willow, Alaska because there’s nowhere to rent or work. I would need to move to Anchorage and change her school.
Lexi, Chatbot
I understand that navigating a custody case can be challenging, especially when it involves your daughter’s schooling. Have you already discussed the potential school change with her father or the court?
Yes, and he is not in agreement with changing her schools.
Lexi, Chatbot
What is the current custody arrangement in place regarding your daughter’s living situation and schooling?
There is no custody arrangement in place. We’re waiting for a court hearing date.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your school change.
Yes.
Lawyer, Esquire
Good day and welcome. Please give me a moment to review your question. Note that I am hearing-impaired, so phone calls are difficult for me. Thank you for understanding. Just so you are aware, this is a legal-information-only site. I do not provide representation and no attorney-client relationship is formed. It is always best to hire a local attorney to review the specifics of your particular case.
Could you tell me more about your current living situation and how it might affect your daughter’s schooling?
I am living in Park City, Utah. My daughter is in Willow, Alaska living with her dad’s parents and him. She goes to school in Willow. She has been living in his parents’ home since 4/14/25. I am wanting to move back to Alaska and assume her back into my care. There is an open custody case, no hearing date yet. I don’t want to move to Willow, I’d rather move to Anchorage where I can find a job and housing. In Willow there are no places to rent or work.
Can I move back, switch her school, and resume her living with me instead of her grandparents? Her dad is a pilot, has an unreliable work schedule, and cannot pick her up from school every day. I can take her to school daily.
Lawyer, Esquire
I can try to give some thoughts.
Under Alaska family law, when no formal custody order is yet in place, both parents technically share equal parental rights and decision-making authority regarding a child’s education, residence, and general welfare.
However, if one parent makes a significant unilateral decision—such as changing a child’s school or primary residence—before a custody order is entered, the court may view that action through the lens of the child’s best interests under AS § 25.24.150(c).
In determining whether a change of school is permissible, the court considers continuity, stability, and the parent’s ability to meet the child’s daily needs. Your reason for wanting to transfer schools—because the child currently lives in Willow with grandparents, and the father cannot transport her—shows a practical concern related to education and accessibility rather than a willful disregard of co-parenting rights, which may weigh in your favor.
Before making any changes, it is advisable to file a Motion for Temporary Orders (sometimes called a Motion for Interim Custody or Educational Authority) with the Alaska Superior Court. This allows you to explain to the judge that your proposed school change serves your daughter’s best interests—ensuring consistent attendance, parental involvement, and educational stability. The court can issue a temporary order giving you authority to enroll her in an Anchorage school pending the final custody hearing. Acting with court approval protects you from future claims of interference or parental alienation and provides judicial backing for any decision made in good faith for your child’s welfare.
Willow is extremely remote, and I would like to think the court would understand the scarce living environment, and that I can resume care and she won’t be living with her grandparents anymore.
Will the court look down on me for my decision to switch her schools? Her dad is not agreeable to switching her schools, yet he is not taking care of her—his parents are.
Her dad also works as a pilot in Anchorage.
But the part about stability— I would be uprooting her from her home and school life to live with me and go to school in Anchorage. Will I get in trouble for that?
Will I be able to switch schools without her dad’s signature?
Lawyer, Esquire
The court will not punish you for wanting your daughter to live with you, but it will weigh whether the school change and move truly serve her best interests. As long as you seek court approval first through a temporary custody motion and show your plan offers greater parental care and stability than her current arrangement, the court is unlikely to view it negatively.
What forms specifically do I need to file for temporary custody and educational authority? How long does it usually take to get an answer or could the motion be denied? I’m trying to make moves to come back next week, and I need to figure out a job and housing. Do I just make the move, switch my daughter’s school, file the motion, and hope it gets accepted?
Lawyer, Esquire
You should file a Motion for Interim (Temporary) Custody and Decision-Making Authority with the Alaska Superior Court—available through the court’s family law self-help center. It’s best to wait for the judge’s order before changing your daughter’s school. The court can rule within days or weeks depending on urgency, but moving first could risk being seen as acting without proper authority.
But I haven’t been caring for my daughter since February of last year. I signed a paper allowing her dad to switch her schools to Willow from Anchorage. She’s been living in Willow for the past 8 months. Is there any reason the court would deny the motion, given she’s been living with her grandparents and going to school in Willow?
Lawyer, Esquire
The court could deny the motion only if it believes the change of residence and school would disrupt your daughter’s stability without enough benefit to outweigh that disruption. The fact that she has been in Willow for 8 months does matter, because the court looks at continuity. However, the court also considers who is actually caring for her, the ability of each parent to meet her daily needs, each parent’s availability, and the practicality of her school attendance.
In your case, her father is not the one providing day-to-day care, and his work schedule does not allow him to reliably transport her to school. You are offering a home, transportation, and hands-on care. That significantly strengthens your motion.
If you show the court:
– You can provide housing and employment in Anchorage
– You can care for her full-time
– You can transport her consistently to school
– Her current arrangement relies heavily on grandparents rather than a parent
…then the court is not likely to view your request negatively.
So if I move to Anchorage first, get a place, get a job, and then file the motion, is that okay? Or will the court see that as jumping ahead? I don’t want to get in trouble.
Lawyer, Esquire
Moving yourself to Anchorage is completely fine. You have the right to relocate your own residence at any time. The legal issue arises only if you change your daughter’s school or physical custody without a court order.
So:
Yes—you may move to Anchorage first.
Yes—you may start working and securing housing.
No—you should not change her school or remove her from Willow until the court grants temporary authority.
Doing it in this order shows the court you are preparing responsibly, not acting unilaterally.
If the judge denies the motion, then what? Does that mean I have to move to Willow?
Lawyer, Esquire
If the judge denies it, you would not be required to move to Willow. What it would mean is simply that your daughter must remain in her current school and living arrangement until the custody hearing, where the court will make a more detailed decision.
But a denial is not common when one parent clearly cannot meet daily care needs and the other parent can. It’s more typical for the court to grant some degree of temporary authority so the child has stability and reliable supervision.
Will the judge care that Willow has almost no jobs or housing options and that I can provide a stable home in Anchorage?
Lawyer, Esquire
Absolutely—those facts are directly relevant. Alaska courts heavily prioritize:
• Parental involvement
• Daily supervision
• Stable housing
• Reliable school attendance
A remote area with limited jobs and housing is a legitimate practical concern, and Anchorage offers a far more sustainable long-term plan for you and your daughter.
Okay. What exactly do I file then? Just a Motion for Interim Custody? Or is there another form?
Lawyer, Esquire
You will need to file:
1. Motion for Interim (Temporary) Custody
2. Motion for Interim Decision-Making / Educational Authority
3. Proposed Order (the judge can sign)
4. Supporting Affidavit explaining:
– Why you are moving to Anchorage
– Why you can provide consistent care
– Why the father cannot reliably transport her
– That she is primarily cared for by grandparents
– That switching schools is necessary solely to meet her daily needs
5. Notice of Motion (required in Alaska to notify the other parent)
These are available on the Alaska Courts Self-Help Center under Family Law > Custody.
How fast could the judge decide?
Lawyer, Esquire
If you mark it as time-sensitive (school issue + child care issue), the court may rule in:
– A few days in urgent situations
– 1–3 weeks in typical situations
The judge can also schedule a short hearing if needed.
Lawyer, Esquire
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