How Military Deployments and PCS Orders Affect Child Custody in Alaska

Alaska is home to a massive military presence, from Joint Base Elmendorf-Richardson (JBER) in Anchorage to Eielson Air Force Base and Fort Wainwright near Fairbanks. While serving your country is a profound honor, Permanent Change of Station (PCS) orders and overseas deployments can create extreme stress regarding child custody. When a service member is called away, they often worry that their ex-spouse will use their absence to permanently alter physical custody arrangements.

Fortunately, both federal law and specific Alaska statutes offer robust protections to ensure service members are not penalized for fulfilling their military duties. By connecting with a skilled family law attorney through our USA Lawyer Directory, you can draft protective orders, delegate temporary authority, and pause detrimental court proceedings while you are away.

Understanding Military Custody Protections in Alaska

Military families in Alaska are protected on two fronts: federal legislation and state-specific family laws designed to accommodate military life.

Temporary Custody Modifications During Deployment

Under Alaska Stat. § 25.20.095, a military deployment or temporary duty assignment (TDY) cannot be used as the sole justification to permanently change a child custody order. If you are deploying, the court can only issue a temporary modification. Once your deployment ends, the law mandates an expedited process to reinstate the original custody order. This means your ex cannot use your 9-month deployment to permanently strip you of your 50/50 custody rights.

Expedited Hearings for PCS Relocations

Receiving PCS orders to leave Alaska presents a different challenge. If you have primary or shared physical custody and want to take your child to your next duty station, you must file a motion for a custody modification based on relocation. Because the military dictates your timeline, local courts like the Anchorage Superior Court, Anchorage or Palmer Superior Court, Palmer generally grant expedited hearings to resolve the custody matter before your report date.

Step-by-Step Process for Military Parents

Handling a military custody issue requires proactive legal planning. Do not wait until a week before you ship out to address these matters.

Step 1: Using the SCRA to Pause Proceedings

If your ex-spouse files for a change of custody while you are deployed or in training, your attorney can invoke the Servicemembers Civil Relief Act under 50 U.S.C. § 3932. The SCRA allows the court to "stay" (pause) civil court proceedings if your military service materially affects your ability to appear in court and defend yourself. This prevents default judgments against you while you are incommunicado.

Step 2: Drafting a Military Family Care Plan

The Department of Defense requires dual-military couples or single parents to have a Family Care Plan. Your attorney will help you formalize this plan into a binding legal document. In Alaska, you can use a Form PG-701, Alaska, Alaska Court System, Power of Attorney Over a Minor by Parent or Guardian pursuant to Alaska Stat. § 13.26.066 to legally delegate temporary care and educational decision-making to a step-parent or grandparent without paying court fees while you are deployed.

Step 3: Filing the Temporary Delegation of Custody

Before deploying from JBER or Fort Wainwright, you and your attorney will file a Form DR-705, Alaska, Alaska Court System, Motion to Change Custody, Support or Visitation (or Form SHC-PAC11, Alaska, Alaska Court System, Uncontested Motion to Modify Custody, Visitation and Child Support Packet if filing an uncontested agreement). This order temporarily shifts primary custody to the other parent (or a designated guardian) and establishes scheduled virtual visitation (Skype, phone calls) during your deployment.

Step 4: Reinstating Prior Custody Orders Post-Deployment

Upon returning to Alaska, your attorney will immediately notify the court that your deployment has ended. Under Alaska law, the court is required to quickly reinstate the pre-deployment custody schedule, transitioning the child back into your care seamlessly.

How Much Does it Cost in Alaska?

Military custody issues vary in cost depending on the level of cooperation between you and your co-parent.

How Long Does the Process Take?

Drafting and filing a temporary deployment delegation can be completed in 1 to 3 weeks if both parties agree. However, a contested PCS relocation case-where one parent wants to move the child out of Alaska to a new base and the other parent objects-requires a full evidentiary hearing. Even with an expedited request, this can take 3 to 6 months.

Frequently Asked Questions (FAQ)