Filing for Child Custody in Alaska
Filing is the first step towards getting a custody order. It involves filling out paperwork and handing it in at your local court.
You may ask for a custody order on its own or as part of a divorce or dissolution case. If you hire a lawyer, they will file your case for you.
Making sure you're eligible
For the court to decide custody, your child must have lived in Alaska for the past six months (or since birth if they're less than six months old). Also, both parents must take a parent education course before they can get a final custody order.
To file for divorce or dissolution, Alaska requires that one spouse lives in the state for at least six months.
Forms you'll need
You can find family law forms online. (See details on which ones you'll need below.) Make two additional copies of each completed form — one to keep and one to give to the other parent. All forms must be signed and notarized.
For any case type, you'll need a Best Interests Affidavit, which you'll attach to your parenting plan. It explains why the terms of your proposed plan are in the child's best interests.
For help filling out forms, take a Family Law Education class or call the Family Law Helpline.
If you can't afford filing fees, fill out a Fee Waiver form.
Divorce
In Alaska, the term divorce is often reserved for cases where spouses can't reach a settlement. If you have a full agreement, see dissolution below.
To start a divorce, fill out a Divorce Complaint Packet.
The court can't make custody arrangements for an unborn child. If a spouse is pregnant, you'll also need to fill out a Motion, Affidavit & Order to Bifurcate Divorce for Custody. This separates custody from the rest of the case so it can be decided after the birth. (If paternity is uncertain, file a Motion to Bifurcate Divorce and Decide Paternity After Birth instead.) If you agree on paternity and custody, you don't need to bifurcate proceedings.
Dissolution
Dissolution is for spouses who agree on all the terms of their divorce.
Fill out Dissolution Packet #1 together.
You can switch from dissolution to divorce if you find that you can't agree on everything. If this happens, fill out a Motion & Affidavit to Convert Dissolution to Divorce. You'll also need an Order Granting Motion to Convert Dissolution to Divorce (leave the judge's signature blank).
Custody
Unmarried parents can request a custody order on its own.
Fill out a Custody Complaint Packet. If parents agree on custody arrangements, fill out an Uncontested Complaint for Custody Packet instead.
If paternity hasn't been established, fill out a Complaint to Establish Paternity instead.
Handing in your forms
Give your forms to the clerk at your local court.
The clerk will fill in the summons and return it to you.
They'll also give you two copies of the standing order, which you must follow during your case — one for you and one for the other parent.
If you prefer, you can mail your forms to the court instead. Include the filing fee (or fee waiver request) and a self-addressed, stamped envelope. The court will send you a copy of the summons and standing order afterward.
Serving forms
The other parent becomes aware of the case through a process called service. You must serve within 120 days after filing your paperwork.
They must receive copies of the forms you filed, the summons and the standing order.
Follow the rules for serving the other side to ensure you do it correctly.
The other parent has 20 days to respond.
Preparing for what's next
After filing for custody, you might have mediation or a court hearing.
Prepare for it — and the rest of your co-parenting journey — with Custody X Change.
The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, prepare settlement paperwork or organize evidence.
Be prepared for your hearing and every step of your case with Custody X Change.
Resources
We'd like to thank Attorney Bradly Carlson and Attorney Louis Grasso for helping us understand child custody in Alaska.
For more guidance, look to: