Alaska Child Custody Laws

Parents must come to an agreement on child custody when they separate. These arrangements include how parents will:

• Make major decisions moving forward (referred to as "legal custody")
• Share time with the child (referred to as "parenting time," "timesharing," or "physical custody," depending on the state)

If parents are unable to come to an agreement, courts will decide the best course of action based on state child custody laws.

All states except Massachusetts adhere to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which clarifies which state has jurisdiction regarding custody and parenting time matters. Alaska adopted the UCCJEA in 1998.

This article provides a general overview of child custody laws in the state of Alaska. If you have questions or concerns about your child custody case, consider speaking with an Alaska child custody attorney for legal help.

Types of Custody in Alaska

In Alaska, custody of a child is divided into legal custody and physical custody.

• Legal custody involves the right to make significant decisions about the child's life, including education, health care, and religious instruction. This can be awarded as sole legal custody to one parent or as joint legal custody to both parents, allowing them to share decision-making responsibilities.
• Physical custody refers to the day-to-day care and residence of the child. It can be classified as primary physical custody, where the child lives mainly with one custodial parent, or joint physical custody, where the child spends substantial time living with both parents according to an Alaska parenting schedule.

Alaska courts make custody determinations based on the child's best interests. This is accomplished by considering factors such as the child's relationship with each parent, the stability of each home environment, and each parent's ability to meet the child's needs.

Alaska Child Custody Laws at a Glance

Alaska statutes outline a number of factors that go into child custody decisions. These include the emotional needs of the child and the relationship between the child and each parent. The Alaska court system's Parenting and Custody site has resources for more information and links to forms.

You can find additional details about Alaska child custody laws in the chart below. FindLaw's extensive Child Custody section also contains more articles and resources.

Note: State laws may change through a few different methods, including the enactment of new legislation and the rulings of higher courts. It's best to contact an Alaska child custody attorney to learn how these laws apply to your unique situation.

Alaska Child Custody Hearings

A child custody hearing is a structured legal procedure designed to carefully evaluate and determine the best custody arrangement for a child.

Beginning with the filing of a custody petition, the process involves gathering evidence, including testimony, documentation, and sometimes evaluations, to assess each parent's suitability for custody.

The court considers various factors, such as:

• The best interests of the child
• Any evidence of domestic violence
• The child's preferences (if mature enough to express them)
• Any special needs the child may have

Throughout the process, both parties have the opportunity to present their case and advocate for their parental rights. Ultimately, the court issues a custody order or approves a parenting plan that outlines the following:

• Custody arrangement
• Visitation schedule
• Parental responsibilities

The parenting plan aims to provide stability and support for the child amidst any custody disputes.

Alaska Child Custody Laws: Related Resources

• State Guidelines for Setting Child Support
• Alaska Family Laws
• Custody Considerations: Step-by-Step
• Getting Custody FAQ
• Child Custody Relocation Laws
• Grandparent Visitation Rights

Need Legal Help With Child Custody in Alaska? Talk to an Attorney

Whether due to a collapsing marriage or a child born out of wedlock, child custody issues can be difficult to work through. Parents might not agree on who gets custody of the child or what the custody arrangement should look like.

There are many other factors to consider in a custody case, but the court's primary concern will be the child's own best interests. One of the best ways to get a handle on the process is to seek guidance from an experienced family law attorney near you.