What are the Alaska Child Custody Laws?
Separated or divorced parents of minor children cannot split their babies. As such, they should agree to a plan related to the regular visitations and living arrangements of their child with the parent who did not get the custody rights. When parents cannot agree to such a plan, it is for the courts to determine the best possible action for the child based on the state’s Child Custody Law.
When there is a disagreement over which parent should enjoy The Child Custody or ways of handling time with the kids, they should file for custody. Once they have done so, the other parent should get an opportunity to respond in the court so that the judge is aware of what kind of custody order are they looking for.
It is for the judge then to schedule a trial, as well as, eventually make a decision. However, they will first consider the best course of action for the affected child. In case one or both the biological parents are known to have a background of domestic violence, it is at the discretion of the court to apply extra rules for safeguarding the kids against such violence.
In Alaska, “Legal Custody” signifies the abilities of the parents to make crucial life decisions where their child is involved. On the other hand, “Physical Custody” means where the kid stays. Before determining the custody arrangement, child custody laws in Alaska require the courts to determine a temporary custody arrangement on the basis of factors like the children’s well-being and safety.
Prior to a custody determination, a court in Alaska will make a temporary custody determination, based on the safety and well-being of the children.
Factors considered prior to Granting Custody
- The child’s social, religious, physical, mental, and emotional needs.
- Each parent’s desire and capability to meet those needs.
- The preference of the child when the child has attained the required capacity and age to spell out their preference.
- The affection and love that exists between each parent and the child.
- The duration for which the kid has stayed in a satisfactory and stable environment, as well as, the desirability of keeping continuity.
- The ability and willingness of each parent for encouraging and facilitating a continuing and close relationship between the child and the other parent unless one parent demonstrates that the other has engaged in some kind of domestic violence or has sexually assaulted a child or the parent and as such a continuing relationship with the child’s other parent can put the safety or health of the child in danger.
- Proof of substance abuse by some member in the household or by either parent has a direct effect on the physical or emotional well-being of the kid.
- Any proof of domestic violence in the proposed household being contemplated for custody, household, child neglect, or child abuse or when parents have a history of violence between them.
- Any other factor considered relevant by the court.
According to Alaska Child Custody Laws, if the parents' divorce or separate, the court will issue a custody decree mentioning which parent will have legal and physical custody of the child or whether the parents have to share custody of the kids.
When a parent goes out of Alaska while the custody proceeding is its initial stage, they can be still granted full physical custody. According to the state’s child custody laws, the parent who gets the sole physical custody of the kid is called the custodial parent and has an edge in the revocation proceeding. It does not, however, denote that it is not possible for the noncustodial parent to overcome such an edge and procure custody.