ATTORNEYS AT LAW

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ANCHORAGE, ALASKA 99501

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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 equal access of a child to both parents. However, equal time with both parents is not always practical nor is it best 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. The court must consider 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.

The factors listed above are 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.

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. 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.

It may be wise to speak with an attorney who can answer your question regarding matters involving custody and visitation rights. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding these issues.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including child custody, divorce, child support and adoption. He is the author of The Alaska Family Law Handbook, which is available in local bookstores and can be obtained by calling (907) 279-4529. Articles on legal topics of interest to Alaskans can be accessed on the internet at Http://www.alaska.net/~pradell © 1999 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.