The custody and visitation parenting plan adopted by the court must be in the child (ren)’s best interests. The judge’s decision will be guided by the best interest factors which are listed in Alaska Statute 25.24.150 (c): The court shall determine custody in accordance with the best interests of the child under AS 25.20.060 - 25.20.130.
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How does legal custody work in Alaska?
Legal custody is which parent is responsible for making the major decisions in a child’s life, such as medical decisions, church and school attendance and other important issues. Unless there is a court order stating otherwise, both parents are presumed to have equal rights and access to their children in Alaska.
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 can I settle my child custody issues?
Settling your custody issues by a fair agreement between two caring parents is always better for the parties and your children than having a Judge decide. This, of course, assumes two good parents working together with the best interest of the child in mind.
What is equal access to child custody in Alaska?
Alaska custody decisions assume at the outset that both parents are entitled to equal access to the child. While that is not always a workable solution because of the parties’ schedules, equal access is what the Alaska Court begins with absent circumstances discussed below.
What are the parent education requirements for custody cases?
What is decision making in legal custody?
What are the "best interest factors" that are used to figure out a parenting plan?
What are some resources for parents who want to work out a settlement?
What if we can’t work out a settlement?
What if I need a custody order before my final hearing or trial?
What if there is an emergency regarding custody?
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At what age can a child refuse to see a parent in Alaska?
Though 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.
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.
Does Alaska enforce child support?
In Alaska, the Child Support Services Division (CSSD) of the Alaska State Department of Revenue helps custodial parents establish paternity, establish child support orders, and enforce child support orders.
What is legal custody 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.
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 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.
What's the average child support payment 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.
How much back child support is a felony in Alaska?
The parent can be charged with a felony if the past-due child support exceeds $5,000, or is more than one year delinquent.
Can you go to jail in Alaska for not paying child support?
This will result in a judge holding a hearing to question the other parent as to why they have not been able to pay support. The judge has the same ability to enforce child support orders but additional powers in that if they find the other parent in contempt, they can charge them additional fines or jail time.
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.
How do I file for emergency custody in Alaska?
When the OCS takes emergency protective custody, OCS must file an emergency petition with the court and notify your parents within 24 hours. The court must hold a temporary custody hearing on the emergency petition within 48 hours.
How do I give up my parental rights in Alaska?
(b) A voluntary relinquishment must be in writing and signed by a parent, regardless of the age of the parent, in the presence of a representative of the department or in the presence of a court of competent jurisdiction with the knowledge and approval of the department.
What age can a child be left home alone in Alaska?
The National SAFEKIDS Campaign recommends that no child under the age of 12 be left home alone....Home Alone Rules by State.StateMinimum AgeReferenceAlabamaNoneAlabama's Child Neglect LawAlaskaNoneAlaska Office of Children's ServicesArizonaNoneArizona Department of Child Safety47 more rows
Do step parents have rights in Alaska?
Visitation Rights Of Other Parties In Alaska: Under Alaska law, legal provisions do exist to grant child visitation rights to step-parents under certain circumstances, so visitation can be readily applied for.
How do I file for emergency custody in Alaska?
When the OCS takes emergency protective custody, OCS must file an emergency petition with the court and notify your parents within 24 hours. The court must hold a temporary custody hearing on the emergency petition within 48 hours.
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 is custody agreement?
Custody Agreement / Separation Agreement .This is, in essence, a contract between the parties containing a custodial agreement with all appropriate details.If the parents are married and separating, then the custody provisions are typically contained within the larger context of a Separation Agreement and Property Settlement. This method can be effective for most people, but it has its limitations as set forth below.
How to resolve custody dispute?
In many cases, we recommend settlement conferences or mediation as the most effective way to resolve custody disputes. A settlement conference simply means the parties and their attorneys meet at an office and try to resolve the custody agreement on the spot and finalize it right there if an agreement is reached.
Why do we file a lawsuit?
Having a lawsuit in place with court dates set tends to force a reluctant or unreasonable parent to deal with custody more seriously and avoids game playing. Once the litigation is filed, we can still negotiate a settlement as set forth above, or we can wait until the other party is ready to settle. Naturally, when we file a lawsuit, we prepare to go to court, and we focus relentlessly on guiding our client through this process and presenting the strongest case possible showing the judge why our client should have the custody arrangement we are asking for.
What does it mean when a family law attorney brags about having a reputation of unreasonableness?
Some family law attorneys will brag about having a reputation of unreasonableness and will make promises about custody results without exploring your options and pointing out the positive and negatives of litigation. This can be a sign of an attorney either trying to prove something about themselves instead of serving their client, or simply an attorney that wants a litigation retainer.
What is a consent order for custody?
Consent Order For Custody. In a divorce a consent order is an order of the court, signed by a judge based on the written consent of the parties (with out a trial). This order is just as enforceable as a ruling made a judge after a trial, and is a very effective way to ensure that each party complies with the terms of the agreement. Furthermore, it is difficult to change as discussed below.
What happens if the other parent is unreliable?
Typically, if the other parent is unreliable or untrustworthy, then we would generally recommend a consent order.
Is great care required in a custody agreement?
In either case, GREAT CARE must be taken in drafting any type of custody document as they will likely have long-lasting and possibly unintended consequences. With over two decades of combined family law experience, we know what issues need to be covered in an agreement and our agreements serve not only to record the custodial schedule, but to also deal with and avoid countless other problems.
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.
Who gets custody of a child when the parents are unmarried?
Who Gets Child Custody When the Parents are Unmarried? Divorce and separation cases can be complicated to begin with. But when children are involved, they can include settling disputes over custody (who is the main caretaker), visitation (how often and under what specific conditions will the non-custodial parent see the child), ...
What Factors Do the Courts Consider When Determining Custody or Visitation Rights?
Ideally, this includes time spent with each parent, and each parent being involved in the child’s upbringing. Courts do not like depriving parents of their rights unless they deem it absolutely necessary. Other factors include:
What are Some Other Issues for Unmarried Parents?
Some other issues include parental rights in places such as school and medical facilities, choosing a last name for the child, and claiming the child as dependent on your taxes.
What happens if a stepparent adopts a child?
However, if a stepparent adopts the child, the other biological parent is absolved from this requirement. If the unmarried parents live in different states, child custody decisions are still based on the best interest of the child standard.
What happens when a child is born to an unmarried mother?
When a child is born to an unmarried mother, the mother is automatically granted sole custodianship.
What is the best course of action for a legal parent?
Legal parents have priority, and the best course of action is to adopt the child. Another issue is child support. The custodial parent has the right to receive financial support from the non-custodial parent, in order to properly care for the shared child. This applies even if the parents are unmarried.
Why is it important to compromise with parents?
It is important that the parents do their best to remain friendly and willing to compromise, in order to avoid lengthy court battles. They should try to work out a reasonable and agreeable custody arrangement that the court will likely approve. This is in the child’s best interest, which is the most important factor when determining custody arrangements.
How long do you have to live in Alaska to get custody?
To have jurisdiction in Alaska, a child must have lived in the state for at least the previous six months. If this is not the case, you’ll need to file for custody in the state where the children previously lived or wait until six months has elapsed.
How to disclose assets in Alaska?
By law you must disclose all your assets, income, debts and other financial obligations to your spouse by completing a notarized Financial Declaration. This document is used to determine child and spousal support, and how assets should be fairly divided in Alaska.
How is the Division of Property Handled?
Alaska is an equitable distribution state, meaning that marital property must be divided in a fair and equitable way. This does not mean it must be divided equally , on a 50/50 basis
How is Child Support Calculated?
In Alaska, Civil Rule 90.3 lays out the formulas used to calculate child support. Much of this is determined by figuring out the income of each parent. Often times, Alaska’s Child Support Services Division will step in to help ensure support rulings are followed.
What happens when a spouse files a complaint with the court?
In this type of action, one spouse will file a complaint with the court, explaining that their marriage is over. The complaint will also spell out how disputed issues are to be handled.
Why do spouses drag out divorce?
Sometimes, a spouse will drag out a divorce as a form of emotional blackmail, or a bifurcation may be requested for tax purposes . Also, a bifurcated divorce may be sought when an automatic stay is put on the divorce proceedings due to a bankruptcy action.
How long does it take to get divorced in Alaska?
If you or your spouse are in the armed forces, you can get a divorce in Alaska if you have been stationed in-state for at least 30 days prior to filing. In general, active duty military members do have three choices for venue when filing for divorce: The state where the military member is stationed.
What is the law in Alaska that allows equal access to both parents?
Alaska Statute 25. 20.070 mandates that the child will be given equal access to both parents during the custody process and until the case is decided, unless there is a good reason, such as domestic violence, as to why this should not happen.
What is a custody agreement?
A custody agreement or parenting plan should contain: A custody and visitation schedule that shows when the child will be with each parent. A plan for dividing legal custody that describes which parent is responsible for deciding what. A plan for how the parents will resolve disputes.
How do I make my parenting plan / child custody agreement?
If you don't want to pay the high cost of an attorney, and want to easily make your own agreement, you can use the Custody X Change software.
What does the court consider when making a ruling?
The court considers the best interest of the child, defined by the following factors listed in Alaska Statute 25.20.090:
What happens if you submit a mutually agreed upon custody agreement to the court?
If you submit a mutually agreed upon custody agreement to the court, the court will review it and approve it as long as it is in the child's best interests.
What to do if you can't agree with a judge?
If you are unable to agree, you may attend mediation to try to do so. Even if you cannot reach an agreement, you should create your own plan so the judge or mediator will have something to consider, since the court will make the plan for you if can't agree.
Does Alaska have custody of a child based on gender?
No. The State of Alaska does not award custody based on the gender of the parents. Both parents are considered to be equally important in a child's life. The court has to look at the entire situation and consider only the best interests of the child when making a ruling.
What are the requirements for a mediated settlement agreement?
The signing requirements for mediated settlement agreements are the same as those for informal settlement agreements: The statutory no-revocation warning, the parties’ signatures and the signatures of any attorneys present. If a mediated settlement agreement meets these requirements, the party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11 or any other rule of law.
What is binding settlement agreement?
Binding settlement agreements require more than just a handshake under Texas law. They must be in writing and also have other requirements. Three types of these agreements are commonly used in Texas. Parties can settle some of their differences by attending an informal settlement conference. Attorneys sometimes use “Rule 11” agreements. Finally, there is the mediated settlement agreement.
Is Rule 11 a binding agreement?
Rule 11 agreements can be regarded as binding settlement agreements only to the extent that the parties do not successfully contest them. Within their limitations, Rule 11 agreements, like informal settlement agreements, can help to settle part of a case but should be utilized taking into consideration the fact that they are revocable.
Is child custody a settled case in Texas?
Most family law cases are settled, including child custody cases. But it’s one thing to settle child custody cases and another thing to make binding settlement agreements. Texas law contains specific requirements for settlement agreements involving children. The experienced child custody lawyers of Boudreaux Hunter & Associates, L.L.C., know how to make enforceable child custody settlement agreements.
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Home » Child Custody » How to Make a Child Custody Agreement Enforceable?
How to Make a Child Custody Agreement Enforceable?
If you and your spouse have recently separated or are planning to separate, having a child custody agreement in force will ease tension between the two of you by ensuring that you are on the same page as parents.
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 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 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 are some resources for parents who want to work out a settlement?
It is always better for parents and children if parents can find a way to work out the parenting and custody issues through negotiation as opposed to going to a contested court case with a full-blown trial. Parents who are successful in coming up with a settlement in custody matters often use a number of the following resources:
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 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 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.