How Alaska Courts Decide Child Custody

Alaska custody decisions are governed by a single standard: the best interests of the child. The statute gives judges a list of factors to weigh. None of them is decisive on its own, and the judge has broad discretion. Here is what each factor looks like in a real courtroom.

The factors

• The physical, emotional, mental, religious, and social needs of the child
• Each parent's ability and desire to meet those needs
• The child's preference, if the child is old enough to form a meaningful one
• The love and affection between the child and each parent
• The length of time the child has lived in a stable environment and the desirability of keeping it
• Each parent's willingness to allow an open and loving relationship between the child and the other parent
• Any evidence of domestic violence, child abuse, or child neglect
• Any evidence of substance abuse that directly affects the child
• Other factors the court considers relevant

The factor parents underestimate

Willingness to support the child's relationship with the other parent gets more weight than most people expect. A parent who withholds the child, refuses to communicate, or speaks badly about the other parent in front of the child is demonstrating exactly what the court does not want. A parent who is flexible, communicates in writing, and keeps the child out of the conflict is demonstrating the opposite. Judges notice.

Domestic violence

Alaska law goes further than most states here. A parent with a history of domestic violence, meaning one serious incident or more than one incident, is presumed unfit for custody unless they complete an intervention program and meet other conditions. This is why protective order hearings matter so much in custody cases.

The child's preference

There is no magic age. A judge may consider the preference of a child mature enough to express a reasoned one, and gives more weight as the child gets older. Judges are also aware that children can be coached, and a preference that sounds rehearsed can backfire on the parent who pushed it.

What you can do

Keep a calendar of your time with your child. Communicate with the other parent in writing and keep it civil. Show up for school events and medical appointments. Do not post about the case on social media. And get advice early, before positions harden. Kaden Vanwey at Arctic Law Alaska represents parents in custody cases in the Palmer and Anchorage courts.