Title 25 is the Alaska Family Code. This section of law contains all the rules and guidelines about family matters, including information about child custody. Child custody laws are important for any parent in the state who is in a custody situation, and they are especially important for parents to know as they create an Alaska parenting plan. Here is a brief overview of custody laws.
Best Interest of the Child
Section 25.24.150 explains that the state requires that all custody decisions be made with the best interest of the child in mind. This means that as parents create an Alaska custody schedule, the schedule must be the best possible one for the child. To help parents think about what the child needs, the law has a list of factors that affect the child’s welfare. These factors include:
- the physical, emotional, mental, religious, and social needs of the child;
- the capability and desire of each parent to meet these needs;
- the child’s preference if the child is of sufficient age and capacity to form a preference;
- the love and affection existing between the child and each parent;
- the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
- the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
- any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
- evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
- other factors that the court considers pertinent.
As parents work on creating an Alaska custody agreement, they should consider all of these factors to make an agreement that fulfills the needs of the child.
Authority to the Court
Section 25.24.150 also gives authority to the court to make decisions about custody matters. The court can create and order an agreement into place and the court can also change the custody arrangements at any time. The court also has the power to order grandparent visitation, or visitation to the child by another significant person. If visitation is granted to someone else, the parents must incorporate that into their Alaska visitation schedule.