ATTORNEYS AT LAW
1009 W 7TH AVENUE
ANCHORAGE, ALASKA 99501
TELEPHONE: (907) 279-4529
FAX: (907) 279-9223

Alaska Statute 25.20.07 states "[u]nless it is shown to be detrimental to the welfare of the child, the child shall have, to the greatest degree practical, equal access to both parents during the time that the court considers an award of custody. . ."
In approving this statute, the Alaska legislature stated its intent in finding "that it is generally desirable to assure a minor child frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing."
Thus there is a preference in Alaska that the court award both parents equal access to a child. However, equal time with both parents is not always feasible nor is it best for the child in all situations.Alaska courts determine custody awards based upon what is in the best interests

of the child. In determining the best interests of the child, the court considers all relevant factors including 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 by either parent or other members of the household directly affect the emotional or physical well-being of the child.
Finally, there is a difference between physical custody, which concerns where the child lives, and legal custody, which involves who makes the major decisions about the child's needs. To award joint legal custody, the court must first find that the parents are able to effectively communicate about the best interest of their child.

Thank you for your support and referrals. We have come to know many people since the firm began in 1993. In this newsletter we share more about our firm with you.
Walt Arden became an attorney in 1973, after graduating third in his class from San Francisco Law School. Since 1983, he has practiced in Alaska in the areas of family law, adoption, criminal and probate law. He received the American Jurisprudence Award for Contracts and Criminal Practice.
Steven Pradell is pleased to celebrate his 9th year cancer free! Steve is the author of Winning the War Against Life Threatening Diseases, (New Horizon, 1994). His new book, The Alaska Family Law Handbook, is available in Anchorage bookstores and by calling the law office.
Teresa Mata is a paralegal and handles collections at the firm.
Laura Borck is the office secretary who answers most of your phone calls each day.
Jon Wegner, is a file clerk and computer guru at the office.
Kyle Yaege is a law clerk and a senior at Grace Christian high school. Kyle is also a judge in the Anchorage Youth Court.

If you are charged with committing a crime in Alaska you have three options. You can enter a plea of guilty, not guilty or no contest. This article explores these options.
If you want to contest the charge against you, you can enter a plea of not guilty and request a trial date. If you don't want to contest the charge, you can plead either guilty or no contest.
In the criminal matter, both pleas of guilty and no contest normally carry the same consequence. The court will sentence you as if you plead guilty. However, there may be significant advantages of entering a plea of no contest should other events occur.
For example, if you are in an auto accident and are given a citation for running a red light, your guilty plea in a criminal case could later be used against you in a civil action by an injured party to prove that you ran the red light. However, it is possible that a no contest plea may not be used against you later to prove that you were at fault in the civil case.
It may be best to discuss your alternatives with an attorney before deciding how to best proceed.

If you have executed a valid will, upon your death, your property will be transferred to those according to its terms. If you die without a will, you have died "intestate" and the state will decide who receives your assets according to a distribution system set forth in the law. For some individuals, the court must oversee how property must be distributed. This process is referred to as probate. In Alaska, there are certain things that one can do to avoid probate. If you leave less than $15,000 in assets upon your death, or leave assets through certain types of trusts, the probate process may be avoided. If your net worth is less than $55,000 upon your death, there are exemptions which are set forth by statute that may overrule the claims of creditors and even those who would normally receive assets under your will. If your estate is worth more than $55,000 there are certain other rules and deadlines which affect how the court proceeds in overseeing the distribution of assets. If your estate meets certain requirements, it may be able to be distributed through informal probate procedures, which generally are more streamlined. More complex probates require the implementation of formal probate procedures, which can make the process last longer and cost more.

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

YOUR REFERRALS ARE APPRECIATED.

©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).