Posted by DivorceLine in Alaska Child Custody Laws
Alaska child custody is determined based upon the best interests of the child. An Alaska Court may award custody to either parent. While any relevant factor may be considered, the following are some of the facts that will be considered by an Arizona Court:
a) the capability and desire of each parent to meet the child’s needs;
b) the physical, emotional, mental, religious, and social needs of the child;
c) the preference of the child (if the child is of sufficient age and capacity);
d) the love and affection between the child and each parent;
e) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
f) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;
g) any evidence of domestic violence, child abuse or neglect, or spousal abuse; and
h) any evidence of substance abuse that affects the emotional or physical well-being of the child.
Alaska does not have a presumption in favor of either the mother or father as proper custodian or in favor of joint custody. However, joint child custody may be awarded if the parties agree that such an arrangement would be in the child’s best interests and provide the Court with a parenting plan. Shared physical custody may also be awarded. In determining a shared physical arrangement, an Alaska Court will consider the following:
a) the child’s needs and education;
b) any special needs of the child that may be better met by one parent;
c) any findings of a neutral mediator;
d) the optimal time for the child to be with each parent;
e) the physical proximity of the parents as it relates to where the child will reside and where the child will attend school;
f) the advantage of keeping the child in the community where he presently resides;
g) whether shared custody will promote more frequent or continuing contact between the child and the parents;
h) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
i) the fitness and suitability of each of the parents (including any evidence of substance abuse);
j) any history of violence by either parent;
k) the preference of the child (if the child is of sufficient age and capacity);
l) the stability of the home of each parent;
m) any substance abuse; and
n) any other relevant factor.
Child Support:
The court may order either or both parties to pay child support, in either lump sum or periodic payments. Alaska has established Child Support Guidelines which set the presumptive correct amount of child support. Deviation from these guidelines require a showing that application of the guidelines would result in a unjust result.
[Based on Alaska Statutes 25.24.160]
