Alaska law also creates a "rebuttable presumption" (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.
Full Answer
How does a child custody case work in Alaska?
In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent. Child custody cases in Alaska can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents.
Can a child's preferences affect child custody determinations in Alaska?
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. Many parents prefer not to go through the heartache and expense of custody hearings.
What happens to child custody when unmarried parents live in different states?
In situations where unmarried parents reside in different states, child custody decisions will still be based on the best interest of the child standard. Most states have enacted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
How does child support work after a breakup or divorce in Alaska?
After a breakup or divorce in Alaska, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support .
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.
Is there a statute of limitations on child support in Alaska?
NO, there is no statute of limitations on the collection of child support in Alaska. Additionally, if you miss child support payments, interest will accrue at a rate of 6% each year.
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.
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.
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'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.
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 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.
On what grounds can social services remove a child?
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
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 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
What are the factors that affect custody in Alaska?
This list may include factors such as the child's age, the living situation of each parent, any history of abuse or neglect from either parent, etc.
What factors are considered in child custody cases in Alaska?
Some of the factors considered by Alaska in child custody cases include the child's wishes, willingness of the parent to cooperate with their partner and any history of domestic violence. The court shall determine custody in accordance with the best interests of the child. In determining the best interests of the child the court shall consider:
What happens if you dispute custody in Alaska?
If child custody is disputed, however, they will have to receive a child custody order from a Alaska judge, who will attempt to make a custody decision that is in the "best interests of the child".
What happens after a divorce in Alaska?
After a breakup or divorce in Alaska, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support .
How to determine custody of a child?
The court shall determine custody in accordance with the best interests of the child. In determining the best interests of the child the court shall consider: 1 the physical, emotional, mental, religious, and social needs of the child 2 the capability and desire of each parent to meet these needs 3 the child's preference if the child is of sufficient age and capacity to form a preference 4 the love and affection existing between the child and each parent 5 the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity#N#the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
What is the law in Alaska regarding co-parenting?
Alaska courts favor awarding custody to a cooperative parent who is willing to work together with the other parent regarding child visitation, scheduling, child support, and other co-parenting matters. Alaska law favors co-parenting as being in the best interests of the child, and the courts will favor a parent willing to cooperate ...
What is child custody in Alaska?
Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent. Child custody cases in Alaska can be either contested and resolved by court order, or noncontested ...
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 information should be included in a parenting plan?
Parenting plans must include a great deal of information about how parenting responsibilities will be split, including information about where a child will live, who will have responsibility for each aspect of the child's life, and what will be done in the event of parental disputes over shared responsibilities.
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.
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.
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.
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.
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 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 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 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 UCCJEA?
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the child’s home state is the court with jurisdiction in custody matters. If the child has lived in a different state for six or months, the home state no longer has jurisdiction.
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.
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 the best way to decide child custody in Alaska?
As mentioned, the Alaska court system will do its best to make a child custody decision that is in the best interest of the child or children who are involved in the divorce. Judges will take a look at a number of different factors to make this determination, taking into consideration the parent’s ability to care and provide for the children as well as their ability to communicate well between one another and, in some cases, what the child of children desires in terms of who they will live with after divorce.
What happens when you divorce a married couple in Alaska?
When a married couple decides to end their relationship , having to work their way through a divorce can be a difficult process. Individuals who have children together have an even harder time , especially when the stresses of dealing with a child custody battle are added into the mix. When it comes to making a child custody decision, Alaska family courts will always make a choice based on what they believe is in the best interests of the child or children – it is important for both parents involved in this process to have a deep understanding of parental rights and family law in the state of Alaska.
Why do parents request a modification of custody agreement?
When a relocation petition is brought to the Alaska court system, it will want to carefully review the circumstances surrounding the issue in order to make the best possible decision for the well-being of the children . Some of the areas they will look into and consider include:
Why do parents not like to approve changes to their children's schedule?
Since many professionals and family court judges believe that stability and consistency are important in a child or children’s well-being , they do not like to approve all modifications since it can cause a lot of disruption in the children’s lives. This is why the modification’s benefits must outweigh the disturbances the change in schedule will cause.
What does both parents capability to provide for the child or children?
Both parents capability to provide food, clothing and shelter for the child or children
Can you change your child custody agreement?
While the initial child custody agreement may work for both parents, there may come a time when the agreement may need to change depending on one or both of the parent’s current circumstances. Some of the reasons that a parent may request a child custody modification include getting new job or having a new schedule, moving farther away or closer to the other parent, or if changes occur in the children’s school or extracurricular activities schedule that make it difficult to keep the current agreement.
Is there a law in Alaska regarding custody of children?
The laws surround child custody in the state of Alaska will always examine a number of factors to help determine what is in the best interest of the child or children. Recent studies have shown that having both parents involved in the child or children’s lives is very important for the mental and emotionally upbringing, so Alaska courts and courts across the country are always seeking to keep both parents involved in the child or children’s lives in some way, ideally through joint physical and legal custody.
What is the standard used in custody decisions?
The standard the court uses in making custody determinations is the "best interests of the child.". In determining the best interests of the child, the court must consider certain factors. The court can consider other factors which it considers pertinent, however, the court may consider only those facts that are relevant and directly affect ...
What are the factors that a court must consider when deciding a child's needs?
The factors which the court must consider include the following: 1. The physical, emotional, mental, religious , and social needs of the child. 2. The capability and desire of each parent to meet these needs. 3.
What is the preference of a child?
The preference of a child, if the court determines that the child is of sufficient age and capacity to form a preference. 4. The love and affection existing between the child and each parent. 5.
Can a grandparent be a visitation in Alaska?
The court can also provide for visitation by a grandparent or other person. Neither parent, regardless of the question of the child's legitimacy, is entitled to preference in the award ...
Can a custody order be modified?
An award of custody or visitation may be modified if the court determines that a change in circumstances requires the modification and the modification is in the best interests of the child. In other words, a parent seeking to change a custody order must show both that there has been a change of circumstances and that a change ...