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The Alaska Supreme Court has stated on many occasions that child custody determinations are among the most difficult in the law. The court has noted that a child may often carry for the rest of his or her life---more than half a century--the effects of a court's custody award. The custody issue is to be resolved in what is in the child's, not the parent's, best interests.

Previously, the factors that the court considers in awarding custody were set forth. This section examines the difficult issue of resolving custody disputes and methods of preparation and strategies that can result in an award of custody which is appropriate and best for the child.

Many parents begin custody battles with bitter resentment which often stems from anger at a spouse. This anger may translate into a desire to win everything at all costs. Some parents want to "get even" with another spouse who may have been dishonest or unfair during the marriage. Others desire simply to receive a larger share of the marital pie--property, and custody of the children. Some parents aggressively litigate custody out of a desire to reduce or eliminate a child support obligation.

All of these underlying motivations may backfire against the parent who desires custody of children. As stated above, the court must look at what is in the best interests of the child, not the best interests of the parent. By shifting the focus away from the needs of a parent towards the needs of a child, a party in a custody dispute can effectively modify behavior and strategy to act in a manner which will later show a judge, custody investigator or Guardian ad Litem that the parent's primary focus is on the child's needs.

From the date a complaint is filed until a case goes to trial, the actions of parents fighting for custody are often viewed as if they were under a microscope. Almost every action taken during a custody dispute should have a legitimate purpose that somehow relates to meeting a need of a child. How parents justify their actions can and will effect the court's determinations about the true intentions of parents during the process of litigating a case.

How you speak and act in front of your children during a custody dispute can also impact the court's decision. Parents are often ordered to refrain from making disparaging comments about the other parent in front of a child, using corporal punishment or discussing the litigation with the children. Some parents are ordered not to drink alcohol while exercising visitation. Children will often tell the other parent about your comments and activities. Refraining from these behaviors from the start will avoid the embarrassing knowledge that a judge is informed of these types of activities, and the stigma of an adverse order early on in the litigation.

Communicating with the other parent is essential if joint custody is what you desire. A court will normally not allow joint custody to occur absent proof that parents will be able to jointly make decisions concerning the child. If a child primarily resides with another parent, and your desire is for joint custody, extinguish your anger at the other spouse and attempt to effectively make decisions about the child together with the other parent. Even though parents can divorce, the obligation to co-parent continue until a child becomes an adult.

If you are represented by an attorney, consult with your lawyer before you perform an action which affects visitation or custody, to determine the benefits and the consequences of your decision. Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including children's issues, 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).