Alaska Child Custody

Posted by admin on April 27th, 2006

Every state has basic children custody laws and they can differ in many ways. There are some basic custody laws that determine which parent in fact will have custody of the children.

The factors that the state of Alaska take into account before awarding custody include:

* The needs of the children including physical, mental, religious, social, and emotional

* If the parents are capable and desire to meet the needs of their children

* If the children is old enough, the children’s preference is taken into consideration

* The affection and love that now exist between the parent and children

* The amount of time the children has lived in this home, which will maintain continuity

* The ability and desire of the each parent to allow the children to have a relationship with the parent that does not have custody

* Any signs of children neglect, children abuse, domestic violence, including any violence in the past between the parents

* Any members of the immediate family or home in which the children will be residing have a substance abuse problem

* Any factors that the court deems important to determining custody

In Alaska, there are two main forms of custody. One is legal custody in which the parent makes all the decisions concerning the children. The other is physical custody and this is the parent that the children will live with most of the time.

Joint or shared custody as it is called by Alaska, may be in the best interest of the children. No matter what the law will determine which parent should be responsible for the legal custody and which will be responsible for the physical custody or if both can be shared equally between the children.

The court will also look at the following factors to determine if shared custody will be in the best interest of the children and will comply with the provisions of 25 U.S.C. 1901 – 1963 (P.L. 95-608, the Indian Children Welfare Act of 1978).

* The factors listed above

* If the home environment is stable in both homes

* The children’s education

* If it is best to keep the children in the community in which they now reside

* The time that the children will be spending with each parent

* How near each parent lives to the school in which the children are going

* How going back and forth between the parents home will be done and if it will be easy and feasible

* If the children has any special needs that may be better achieved from one parent over the other

* Which parent is more willing to keep contact with the other parent and allow visitation with the other parent

* Recommendation of a mediator

With all of this taken into consideration, the court will decide which type of custody is best for the children.

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