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The traditional definition of families has been changing and Alaska's courts are struggling to redefine relationships to serve the best interests of our children. One area which has undergone change concerns when and how those who are not parents can obtain custody and visitation rights to the children of others. This article explores this subject. In Alaska, for a non-biological parent to obtain custody, it must be proven to the court that the biological parent is unfit, has abandoned the child, or that the welfare of the child requires that a non-parent have custody. There is a presumption that a parent is fit to have custody of a biological child. Parents have a custody preference, unless clear evidence is shown of a parent's unfitness or that the welfare of a child requires that court to place custody in a non-parent.

It is easier for a non-parent to ask the court for visitation with a child than it is to petition the court for custody. Alaska courts will provide for visitation by grandparents and other non-parents only if visitation is found to be in the best interests of a child.

A non-parent who has, over time, become a psychological parent to a child, can ask a court to award visitation. The psychological parent relationship can be demonstrated by day to day interaction between the child and the non-parent which fulfills the child's psychological need for an adult. The adult must be an essential focus of the child's life, meeting the emotional and psychological needs of the child, and the psychological parent must treat and love the child as a wanted child.

Grandparents in Alaska have recently gained by statute the ability to petition the court directly for an order establishing reasonable rights of visitation between the grandparent and grandchild. A grandparent must show that they have established or attempted to establish ongoing personal contact with the child and the visitation by the grandparent is in the child's best interest. The law also provides that if parents make an agreement regarding the custody of their children, a court must determine whether their agreement should include visitation by grandparents which is in the best interests of the children.

Steven Pradell's book, The Alaska Family Law Handbook, is available at the office or in local bookstores for $9.95

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©1999 By Pradell and Associates. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).