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In an action for divorce filed in Alaska, the court may make or modify orders for custody or of visitation between parents and their children. The court can also provide for visitation by a grandparent or other person. Neither parent, regardless of the question of the child's legitimacy, is entitled to preference in the award of custody.

The standard the court uses in making custody determinations is the "best interests of the child." In determining the best interests of the child, the court must consider certain factors. The court can consider other factors which it considers pertinent, however, the court may consider only those facts that are relevant and directly affect the well-being of the child.

The factors which the court must consider include the following:

1. The physical, emotional, mental, religious, and social needs of the child.

2. The capability and desire of each parent to meet these needs.

3. The preference of a child, if the court determines that the child is of sufficient age and capacity to form a preference.

4. The love and affection existing between the child and each parent.

5. The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

6. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent.

7. Any evidence of domestic violence, child abuse, or child neglect in the home of a parent who desires custody, or a history of violence between the parents.

8. Evidence that substance abuse buy either parent or other members of the household directly affect the emotional or physical well-being of the child.

The factors listed above are important guidelines which should be carefully reviewed with an attorney, if a parent chooses to obtain one, so that the specific facts pertaining to custody in each particular case can be applied to them. They should also be reviewed prior to meeting with a custody investigator or Guardian ad Litem, and again in preparation for a hearing or trial at which custody decisions may be made. Parents seeking custody should understand that it is the best interests of the child, not the parent, which are to be considered by the court in making custody determinations.

An award of custody or visitation may be modified if the court determines that a change in circumstances requires the modification and the modification is in the best interests of the child. In other words, a parent seeking to change a custody order must show both that there has been a change of circumstances and that a change of custody would be in the child's best interests. In deciding whether to modify custody, the court will also consider the past history of nonpayment of child support if a parent had actual knowledge of the amount of the child support obligation and had the funds or could have obtained them but did not do so.

Many attorneys will consult with potential clients for a nominal fee to answer questions and define the services they offer. It is often important to consult with an attorney at the start of the process in order to make preliminary decisions regarding how to resolve custody problems.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including divorce, custody, child support and adoption. © 1997 by Steven Pradell. 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).