Alaska Child Custody Laws
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Whether you are writing your own child custody agreement (also called a parenting plan) or are battling it out in court, you should be aware of the child custody laws in Alaska, regarding both physical custody and legal custody.

Alaska's child custody laws specify a number of factors in determining custody, including the following guidelines:

(1) the physical, emotional, mental, religious, and social needs of the child;

(2) the capability and desire of each parent to meet those needs;

(3) the child's preference as to custody if the child is of sufficient age and capacity to form a preference;

(4) the love and affection existing between the child and each parent;

(5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(6) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;

(7) any evidence of domestic violence, child abuse, or child neglect in the household where child custody has been proposed, or a history of violence between the parents;

(8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;

(9) other factors that the court considers pertinent in determining custody of the child.

In awarding child custody, the court may consider only those facts that directly affect the well-being of the child.

In Alaska, joint child custody is known as "shared custody". The petition for dissolution of marriage in Alaska distinguishes between legal custody and physical custody. Legal custody is who makes the decisions regarding the children, and physical custody is who the children physically reside with for the majority of the year.

Alaska statutes specifically prohibit the preference of one parent over the other in child custody proceedings. A custody determination is considered based on the "best interests of the child". If the court believes that shared custody of the child would promote frequent and continuing contact with each parent, and would be in the child's best interest, the court may award shared custody of the child - either legal, physical, or both.

In determining whether to award shared custody of a child, the court shall consider the following, in addition to the above factors:

(1) the child's preference as to custody if the child is of sufficient age and capacity to form a preference;

(2) the needs of the child;

(3) the stability of the home environment likely to be offered by each parent;

(4) the education of the child;

(5) the advantages of keeping the child in the community where the child presently resides;

(6) the optimal time for the child to spend with each parent, considering:

(A) the actual time spent with each parent;

(B) the proximity of each parent to the other and to the school in which the child is enrolled;

(C) the feasibility of travel between the parents;

(D) special needs unique to the child that may be better met by one parent than the other;

(E) which parent is more likely to encourage frequent and continuing contact with the other parent;

(7) any findings and recommendations of a neutral mediator;

(8) any evidence of domestic violence, child abuse, or child neglect in the household where custody has been proposed, or a history of violence between the parties;

(9) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;

(10) other factors not specifically expressed by Alaska laws that are considered pertinent by the court.

 

In awarding child custody in Alaska, the court shall comply with the provisions of 25 U.S.C. 1901 - 1963 (P.L. 95-608, the Indian Child Welfare Act of 1978).

Learn more about general child custody laws.

 

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Go to...
General Alaska Divorce Laws
Alaska Alimony Laws
Alaska Child Custody Laws
Alaska Child Support Laws
Alaska Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Alaska statutes. You can find the full-text version of these and other Alaska divorce statutes online here: Alaska Divorce Laws.