Custody laws in Alaska - Parents are encouraged

Custody laws in Alaska: 

Parents are encouraged by the court to mutually arrive at their own agreement concerning custody. If the parents work out a custody agreement, the court makes its determination guided by what will be best for the child, without preference being given to either parent. When awarding custody, the court takes into consideration:

1) the child's physical, emotional, mental, religious, and social needs;

2) each parent's ability and desire to meet these needs;

3) the preference of the child, taking into consideration the child's age and capacity to form a preference;

4) the loving bond between the child and each parent;

5) length of time the child has lived in a stable, acceptable setting and the desirability of continuing the status quo;

6) each parent's willingness to encourage their child's close and on-going relationship with their other parent. This is not a factor if it is found that one parent has sexually assaulted or committed acts of domestic violence against the parent or a child, and that an on-going relationship with the other parent will endanger the health or safety of either the parent or the child;

7) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;

8) evidence that substance abuse by either parent or any other members of the household which would directly affect the emotional or physical well-being of the child;

9) any other factors that the court considers pertinent.

If the court determines it would serve the best interests of the children, shared custody may be awarded to assure frequent and continuing contact between the children and both parents. The court will also consider the following factors in the decision to award shared custody:

- the preferences of the child, taking into consideration the child's age and capacity to form such a preference;

- the child's needs;

- the stability of each parent's home environment;

- the education of the child;

- the benefits of keeping the child in the community where he or she currently lives;

- how much time the child should spend with each parent considering how close the parents live to each other and the school that the child attends, the practicality of travel between the parent's homes, and how much time the child actually spends with each parent;

- whether one parent may be able to better meet any special needs of the child;

- each parent's willingness to encourage their child's close and on-going relationship with their other parent. This is not a factor if it is found that one parent has sexually assaulted or committed acts of domestic violence against the parent or a child, and that an on-going relationship with the other parent will endanger the health or safety of either the parent or the child;

- findings and recommendations of a neutral mediator;

- evidence of domestic violence, child abuse, or child neglect in the proposed custodial home or a history of violence between the parents;

- evidence of substance abuse by either parent or any other member of the household which would directly affect the well-being of the child;

- any other factors the court deem relevant. 

The court may also require parents to fulfill certain parenting education requirements. These vary by court district, so you should contact your local court regarding the parenting education requirements. Most courts will accept the online Children In Between program.