Child custody law in Alaska is governed generally by the provisions of Alaska statutes, Title 9, Chapter 9. The statute establishes how custody is established, maintained and enforced in the state of Alaska. In addition, the statutory provisions set forth the specific court procedures associated with child custody in the state as well.
Physical Custody
Physical custody pursuant to Alaska law determines which parent or parents provides a physical residence for a child. Primary physical custody can be established with one parent. In the alternative, the law permits parents to enter into an agreement or be subject to a court order that divides residential custody between both parties.
Legal Custody
Legal custody in Alaska is defined as the right of a parent or both parents to make major decisions on behalf of a minor child, according to Help Yourself Divorce. Major decisions include but are not limited to those relating to health care, education and religion. Legal custody can be vested in one or both of the parents, by agreement or order of the court.
Shared Custody Preference
The laws of Alaska establish a preference for what is known in the state as shared custody, according to Help Yourself Divorce. Most states use the term joint custody. In other words, in divorce, legal separation or paternity cases, the laws of Alaska prefer that a court issue an order allowing both parents to share in at least the legal custody if not both legal and physical custody of the minor child.
Best Interests of Child
All decisions in Alaska relating to custody of a minor focus on what is in the best interests of the child, according to Help Yourself Divorce. The factors a court considers in determining what is in the best interests of the child include which parent historically provided primary care for the child. Other factors include the general physical and mental health of the parents as well as the child.
Preference of Child
Alaska law permits a court to consider a child's preferences in rendering an order regarding custody issues. The statute itself simply provides that a court can consider a child's preferences regarding custody when a child reaches an age at which she reasonably can make such a determination. No specific age is established by Alaska law regarding this issue.
Legal Representation
Alaska child custody laws are complex. Finding yourself in a child custody dispute or case, consider seriously retaining the services of an experienced lawyer. The Alaska Bar Association maintains a directory of lawyers who practice in different areas, including family law and custody specialists. Contact the association at:
Alaska Bar Association
550 W. Seventh Ave.
Suite 1900
Anchorage, AK-99501
907-272-7469
alaskabar.org
