If you are unfamiliar with the divorce and custody process in Alaska, you may be surprised to learn that there are ways to resolve custody disputes without going to court.
If you are divorcing in Alaska and have at least one child, there are a few things to keep in mind about child custody. For starters, there are two main types of custody in Alaska: physical custody and statutory custody. The courts will consider each individual situation before deciding what type of custody agreement to distribute. If you are new to divorce and all of its legalities, a family law attorney experienced in divorce and child custody matters can help.
Legal vs. physical custody
Before distinguishing the differences between the two types of custody, it is important to note that both types of custody, at least in Alaska, assume that each parent has equal access to their children. Legal custody refers to the right of parents to make decisions on behalf of their children, including medical, legal, religious, and educational decisions. From a legal point of view, it is often preferable for custody to involve both parents when the situation allows for it. This means that both parents must be able to communicate and cooperate effectively with each other.
Custody refers to the actual physical care of the children. The court usually decides how many nights the children stay with the mother and how many with the father. In Alaska, physical custody is divided into three types including joint physical custody, primary physical custody, and hybrid physical custody. What criteria does a court use to decide on a custody arrangement? It’s easy. In Alaska, custody decisions are often based on what the court believes is the children’s best interests. In making its decision, a court considers the following:
- The general needs of children, including emotional, spiritual, physical, social and religious needs
- The desire and ability of each parent to adequately meet those needs
- Children’s preference, depending on their age
- The level of affection between each parent and their children
- The stability and safe environment that every parent can provide
- Evidence of child abuse, neglect, substance abuse, or domestic violence that could adversely affect children’s physical and emotional health
Extrajudicial custody agreements
Photo by Sora Shimazaki from Pexels
If you are unfamiliar with the divorce and custody process in Alaska, you may be surprised to learn that there are ways to resolve custody disputes without going to court. This is known as Alternative Dispute Resolution and is available statewide, from Anchorage to Juneau and beyond. This draws on a variety of resources to help parents negotiate, arbitrate, and resolve child custody disputes. In addition to the court system, parents who are getting divorced can turn to private organizations to help them through the process. Once an agreement is reached, the court will issue a custody order detailing what the permanent custody arrangement will be.
Fortunately, there are many resources available for people going through a divorce who need custody support. Courts and private organizations are two of these resources, but perhaps the most important is having a trusted attorney who has experience helping people with these kinds of matters. If you’re going through a divorce, contact an experienced family attorney in Alaska today.
Comments are closed.