You may be able to hire an attorney to review and explain your proposed agreement or draft up language for an agreement. Once you are comfortable with the agreement, both parties need to put it in writing and file it in court. You will also need to ask for a hearing to put the settlement on record.
Full Answer
What are the child custody best interest factors in Alaska?
The Alaska custody best interest factors are as follows: 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;
How to draft a custody agreement for a child?
How to Draft a Child Custody Agreement 1 Contents of an Agreement. A child custody agreement is very similar to a parenting plan. ... 2 Be as Specific as Possible. The best thing parents can do to protect each other, and the child, is to be specific with all of the terms in the child ... 3 Arbitration and Mediation. ... 4 Software vs. ...
How does sole legal custody work in Alaska?
However, sole legal custody, which puts these decisions into one parent's hands, may be awarded if this appears to be in the child's best interest. Child custody laws in Alaska actually allow for four different types of physical custody (which determines where a child will live).
How does a child support and custody agreement work in each state?
Each state has its own laws on child support and custody, and you must understand your jurisdiction’s guidelines before preparing any agreements. In a child custody agreement, the parents draft an agreement that works to their satisfaction and present it to the court.
How do you draft a parenting agreement?
Creating a Perfect Parenting Plan in 6 StepsStep 1: Understand your child's best interests. ... Step 2: Choose a parenting schedule that works. ... Step 3: Have a plan for communication. ... Step 4: Know how you will make big decisions and handle legal custody. ... Step 5: Go over your child's finances. ... Step 6: Maintain your goals.
What is considered an unfit parent in Alaska?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
How does custody work in Alaska?
Alaska judges decide custody based on what is in the child's best interest. Alaska courts do not give preference to one parent over the other because of their sex. Instead, the judge must consider all of the following factors when determining custody: the child's physical, emotional, mental, religious, and social needs.
What age can a child decide which parent to live with in Alaska?
teenagersThough there is no strict age guideline under Alaska law, children are not generally mature enough to make reasoned decisions about which parent to live with until they are teenagers. Even then, a judge will look at the reason the teenager is expressing a preference for one parent over another.
How do you prove a parent is mentally unstable?
How Does a Family Court Determine If a Parent Is Unfit?A history of child abuse. ... A history of substance abuse. ... A history of domestic violence. ... The parent's ability to make age-appropriate decisions for a child. ... The parent's ability to communicate with a child. ... Psychiatric concerns. ... The parent's living conditions.More items...
What questions does a judge ask a child in a custody case?
Here are some questions that a judge may ask during a child custody hearing:What Is Your Financial Status?What Type of Custody Arrangement Are You Seeking?How Is Communication With the Other Parent?Do You Have Any Existing Arrangements?
How much does it cost to file for custody in Alaska?
There is a $75 fee in divorce and custody cases to file a Motion to Modify Child Custody, Visitation or Support or Spousal Maintenance or Property Division. In other cases, there are no additional fees once you have opened a case unless you request copies, etc.
How is child support calculated in Alaska?
To calculate child support in a primary custody arrangement, multiply the noncustodial parent's annual net income by 20% for one child, 27% for two children, and 33% for three children. If there are more than three children, add an additional 3% for each additional child.
What are the four different types of physical custody in Alaska?
There are three types of physical custody, primary physical custody, shared physical custody, and hybrid physical custody. Ultimately, physical custody is determined by the number of overnights the child spends with each parent.
What is the legal standard applied in Alaska for modifying a child custody order?
You can only modify an out-of-state custody order in the Alaska court if the Alaska court has jurisdiction over the child(ren). The general rule is that the child has to have lived in Alaska for at least the last six months before the Alaska court has the power to make decisions about child custody and visitation.
At what age can a child refuse to see a parent in California?
What age can a child decide not to visit a non-custodial parent in California? A child must be over the age of 16 to refuse to visit a noncustodial parent.
At what age can a child refuse visitation in NY?
A judge will require a parent to ensure that visits between a young child and the other parent take place. However, there's not much a judge or parent can do if a 17 year-old is refusing visits. Each parent's responsibility is to allow and encourage visits between the child and the other parent.
What makes someone unfit to be a parent?
In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent's actions but also a home environment where abuse, neglect, or substance abuse is present.
What is considered an unstable home for a child?
The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members.
Can I stop my child from seeing his dad?
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
Do grandparents have rights in Alaska?
There is no law in Alaska that specifically addresses a grandparent's right to file for custody of a grandchild. Alaska Supreme Court cases have recognized that a parent is entitled to a preference over non-parents in custody determinations.
What is decision making in legal custody?
Decision Making: sets out how decisions will be made with respect to health, education and social issues for children. Will the parents make them together or should one parent have decision making authority? This is what the forms call legal custody.
What if I need a custody order before my final hearing or trial?
If you need the judge to decide temporary custody before your final hearing or trial, you will need to make the request to the judge by filing a Motion for Interim Orders, along with an affidavit and a proposed order. There are two versions of the forms you can use depending on the specifics of your situation.
What are the "best interest factors" that are used to figure out a parenting plan?
The court determines custody (also called a " parenting plan ") according to what arrangement is in the child’s best interests. To figure this out, the court considers a series of factors called the "best interest" factors which include:
What does a custody order include?
A custody order usually includes the following which is also called a "parenting plan" which should be based on what arrangement is in the child’s best interests:
What are the parent education requirements for custody cases?
For cases involving child custody (dissolution, divorce, custody between unmarried parents), you have to either
What if we can’t work out a settlement?
Sometimes because of domestic violence, substance abuse, mental health issues, neglect, other safety issues or just plain stubbornness, the parents cannot work out a custody agreement. In that situation, a trial will be necessary and the judge will make the final custody decision.
What if there is an emergency regarding custody?
If you feel that you have an emergency that justifies speeding up the motion for interim custody order process, you may file a motion for interim custody and an additional motion asking for expedited consideration of your interim custody motion. Civil Rule 77 (g) is the special court rule controlling these requests. Requests for expedited consideration are rarely granted, and should only be used in a real emergency. You may call the Family Law Self-Help Center Helpline for more information and the special form, or you may consult with an attorney. There are special requirements to serve a motion for expedited consideration.
What if we reach agreement after the case has been going on for a while?
You can reach an agreement any time during the case, even if you started out disagreeing with each other.
What happens at the hearing to put the settlement on the record?
The judge will go over the agreement and ask if it is voluntary and that both parties understand what the agreement says. The judge may ask questions and may make a decision right at the hearing about whether to sign the agreement into an order.
What is an agreement?
In a civil lawsuit, the document that spells out the terms of an out-of-court agreement that the parties reach. It can also be called a settlement.
What papers can we file if we agree to the end the marriage and we have children?
There are 2 possible sets of papers you can file depending on whether there are any paternity issues in your case.
What do we file if we agree about modifying a final order?
Even if both parents agree on the change, you still need to file something in court. Both parents can file together:
How can mediation help reach an agreement?
Mediation is an informal, voluntary and confidential way to resolve disagreements without giving the decision-making power to someone else, like a judge . A neutral person, called the mediator, helps people outside the court process to:
How can a settlement conference help reach an agreement?
The judge may or may not be the same judge you will have if you go to trial. The judge's role is to try help you to reach an agreement, not to be a decision-maker. Each side makes offers about what he/she wants and the judge comments on whether it is fair and reasonable. The judge has no official power to make the parties settle at this stage, but usually strongly encourages settlement by critiquing the parties' trial positions. The judge also indicates how a judge would likely rule on disputed issues during the trial. If both parties want a judge to help settle the issues, file a motion asking for a settlement conference:
Standing Orders
NOTE: Standing Orders are automatic court orders that take effect once your case is filed. To learn more, please read the Domestic Relations Standing Orders for the four judicial districts.
Parents agree on change to parenting plan or child support
Uncontested Motion to Modify Custody, Visitation and Child Support Packet, SHC-PAC11
Standing Orders
NOTE: Standing Orders are automatic court orders that take effect once your case is filed. To learn more, please read the Domestic Relations Procedural Order (Standing Order) section. You can read the Third and Fourth Judicial Districts standing orders to get an idea of what these orders say.
Standing Orders
NOTE: Standing Orders are automatic court orders that take effect once your case is filed. To learn more, please read the Domestic Relations Procedural Order (Standing Order) section. You can read the Third and Fourth Judicial Districts standing orders to get an idea of what these orders say.
Required Form if Serving Someone in an Alaska State Jail or Prison
Affidavit of Proof of Service at Jail Facility, CIV-140 - See p.16 of CIV-106 How to Serve a Summons in a Civil Lawsuit, for instructions about how to use this affidavit.
Standing Orders
NOTE: Standing Orders are automatic court orders that take effect once your case is filed. For divorce or custody cases, to learn more, please read the Domestic Relations Procedural Order (Standing Order) section. You can read the Third and Fourth Judicial Districts standing orders to get an idea of what these orders say.
Standing Orders
NOTE: Standing Orders are automatic court orders that take effect once your case is filed. To learn more, please read the Domestic Relations Procedural Order (Standing Order) section. You can read the Third and Fourth Judicial Districts standing orders to get an idea of what these orders say.
What is a child custody agreement?
What is a child custody agreement? A child custody agreement template is a document you can use to establish custody arrangements with your co-parent. It builds upon existing legal documents such as child support orders, and consists of sections on legal custody and decision making, general provisions, transportation and exchange, and residential custody and access rights.
Who has sole custody of children?
The mother shall have sole and exclusive custody of the children and all final decision-making authority related to significant matters impacting the welfare of the children, including but not limited to, matters of education, religion and health care. Notwithstanding the foregoing, the father shall, in every case (except in the event of an emergency), be provided the opportunity to participate in the decision-making process as to any such significant matters.
What happens if parents can't agree on a mutually agreed exchange location?
If the parents can’t agree on a mutually agreed exchange location and the exchange isn’t at the minor child’s school, the [parent 1 or parent 2] or an adult representative appointed by them, [Representative.FirstName] [Representative.LastName], will pick up and drop off the children in front of the other parent’s home.
How long does a father have to take vacation?
Vacations. The father shall have up to two (2) weeks of unrestricted access to the children, during the summer months, for vacation, provided the father works in good faith with the mother and uses best reasonable efforts to schedule such vacation on dates convenient for the mother.
How long does a father have to have access to his children?
The father shall have access to the children on every Father’s Day from time to time. Children’s Birthdays. If the father would not otherwise have access to a child on his or her birthday, the father shall nevertheless have access to such child for up to number hours. Father’s Birthday.
Do school breaks affect custody?
The Parties agree that school breaks will not impact the custody schedule or exchanges and that the children will remain with the [parent 1], who has residential custody of the children.
Can a father have access to his children on weekends?
The father will not have access to the children on any weekday, and shall only have access to the children on every other weekend (including 3 days weekends per school schedules). The only exception to the foregoing is as follows: Father’s Day.
How to resolve custody issues in Alaska?
There are many ways to resolve custody disputes outside of going to trial, called alternative dispute resolution. There are numerous resources available for parties to mediate, negotiate, or settle their custody cases in Alaska. Mediation and settlement conferences are available through the court system as well as private entities ...
What is physical custody in Alaska?
There are two types of custody in Alaska custody cases determined by the court or Alaska Custody Lawyer. The first is what is called “legal custody” and the second is “physical custody”.
What is supervised visitation in Alaska?
Supervised visits mean that the parent cannot be alone with the child without another person, either approved by the parties or the court, that supervises visits with the child ( ren).
What is the rebuttable presumption against a parent who is accused of domestic violence?
The rebuttable presumption against a parent who is accused of domestic violence can be overcome in a number of ways. Typically, that parent will enroll in what is called the Domestic Violence Intervention Program or other similar anger management or treatment.
How is physical custody calculated?
Physical custody is the actual physical care and control of the child, and is typically calculated by the number of overnights the child spends with each parent. There are three different types of physical custody, primary physical custody, shared physical custody, and hybrid physical custody. The number of overnights the child spends ...
What is the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and?
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;
Why do courts order supervised visits?
The court orders supervised visits in order to maintain the parent’s rights as well as protect the child from any perceived harm from that parent. The court may order supervised visits for a short or extended period of time depending on the circumstances of the particular case.
What is child custody agreement?
In a child custody agreement, the parents draft an agreement that works to their satisfaction and present it to the court.
What is joint custody?
Joint custody is shared by both parents, while sole custody means one parent is the custodian. 1. It should include which parent or parents will have legal or physical custody. Legal custody refers to the right of a parent to make decisions for his child while physical custody involves the daily care of the child.
What is child custody mediation?
Arbitration or mediation will involve a neutral third-party party who will work to assist parents in coming to an agreement that is beneficial to all parties. Before You Agree to Try Child Custody Mediation.
What is the best thing parents can do to protect each other?
The best thing parents can do to protect each other, and the child, is to be specific with all of the terms in the child custody agreement. If the terms of the child custody agreement are not specific, it may leave the door open for a new child custody suit.
How far in advance should you change your visitation dates?
Determine how schedule changes will occur. If one parent needs to switch days with the other, set an appropriate notice period such as 24 hours in advance.
Can a court accept a child custody agreement?
The court will then either accept the child custody agreement, alter its terms, or reject certain provisions. Let's explore the best ways to draft an agreement to avoid contention.
Can parents avoid adversarial custody?
Parents who are able to reach a child custody agreement on their own may be able to avoid adversarial child custody proceedings. You can create an atmosphere of cooperation while potentially saving time and money.
Step 1 – Complete the Complaint for Divorce
The spouse initiating the divorce lawsuit (the plaintiff) needs to complete either an Uncontested Complaint for Divorce with Property and no Children or an Uncontested Complaint for Divorce with Children & Property. With this document, the plaintiff provides the court with important facts about the marriage and outlines the terms of their divorce.
Step 2 – Supplementary Paperwork
After the Complaint for Divorce has been filled out and signed, supplementary paperwork must be completed by the plaintiff and prepared for submission to the court. The forms required by the court are as follows:
Step 3 – Child Support and Custody Documents
If the divorce involves minor children, the spouses will need to inform the court of how they intend to handle child support and custody. This information must be stated in a Child Custody Jurisdiction Affidavit and Child Support Guidelines Affidavit.
Step 4 – File for Divorce
The plaintiff must make two (2) copies of each document and file them with a local Superior Court. Additionally, both parties must provide the court with their most recent tax return and pay stubs from the previous two (2) months. The plaintiff will need to pay the filing fee of $250 upon delivering the forms to the court clerk.
Step 5 – Parenting Program
If the divorce involves child custody, the spouses will need to attend a parenting program before the entry of their final decree. The parties must contact their local Superior Court to obtain information about how they can schedule their attendance at this class.
Step 6 – Attend Hearing
A divorce hearing will be scheduled by the court, the date of which will be communicated to the spouses by mail. The parties must attend the hearing and bring with them their Marital Settlement Agreement and additional documents they wish to show the judge.
Step 7 – Name Change
If either spouse requested a name change during the divorce proceeding, the new name may be used after a judge issues a divorce decree. The spouse should update their identification cards and personal accounts by presenting the applicable agencies with their divorce certificate.
What is legal custody in Alaska?
Legal Custody. Legal custody, which means the ability to make important decisions about a child, can be awarded as shared custody or sole custody. Child custody laws in Alaska prefer shared legal custody, in which parents work together to make determinations about their child's education, healthcare, and religion.
How many types of custody are there in Alaska?
Types of Physical Custody. Child custody laws in Alaska actually allow for four different types of physical custody (which determines where a child will live). They are: ñ Shared physical custody, in which each parent spends at least 30% of the year with their child. ñ Primary physical custody, in which one parent is lived with more than 70% ...
What is hybrid custody?
ñ Hybrid custody, in which one parent or both parents have primary physical custody of at least one child, and shared custody of at least one child.
What is primary custody?
ñ Primary physical custody, in which one parent is lived with more than 70% of the year. ñ Divided custody, in which one parent has custody of at least one child, while the other parent has custody of at least on other child, but the parents don't share primary physical custody of any child. ñ Hybrid custody, in which one parent or both parents ...
When can a child choose which parent to live with in Alaska?
Children are only allowed to choose which parent to live with after they have attained the age of majority at 18. Child custody laws in Alaska do allow judges to take a child's preferences into account as one factor in their determinations, but only when considered in conjunction with many other factors.
Can a child decide on custody in Alaska?
Can Children Decide? Even if a child has a strong preference for staying with one parent or another, child custody laws in Alaska do not allow a child's preferences to be the sole determining factor in child custody proceedings at any age.
Can you have a parenting plan in Alaska?
For these parents, developing a parenting plan may be a good idea. Parenting plans are explicitly allowed by child custody laws in Alaska, and let parents who can agree on how to divide their parental responsibilities draft a compromise agreement. This agreement is then given to the court for final approval. Generally, as long as the agreement appears to be in the best interest of the child, it will be signed off on.
