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 "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 making this determination, the court must consider the following factors:
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.
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. In order for the court to award joint legal custody, it must first find that the parents are able to effectively communicate about the best interest of their child.
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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).