What Is the Alaska Best Interest of the Child Standard?

 

Understand the common factors Alaska’s judges use when making child custody decisions.

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Alaska courts use the “best interest of the child” standard to make child custody decisions. Specifically, judges refer to Alaska Statutes Section 25.24.150, which says:

the court shall determine custody in accordance with the best interests of the child

What Is the Alaska Best Interest of the Child Standard?

Alaska law directs the court to consider the following specific factors when making custody decisions based on the best interest of a child:

  • the child’s physical, emotional, mental, religious, and social needs
  • each parent’s capacity and desire to meet these needs
  • the child’s wishes, if the child is of sufficient age and capacity to form a preference
  • the love and affection between the child and each parent
  • the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
  • the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child (the court won’t consider this factor if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of the parent or the child)
  • any evidence of domestic violence, child abuse, or child neglect in the child’s proposed home
  • evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical wellbeing of the child

Alaska law gives judges a lot of flexibility to establish a parenting plan based on the child’s best interest. Judges may consider not only the factors listed above but any other circumstances they find relevant to your custody case.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the essential factors courts use to make custody decisions in Alaska. That said, family law is a complicated subject and laws do change. We recommend that you read the official version of Alaska Statutes Section 25.24.150, available from the Alaska State Legislature.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Alaska law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Alaska

Help from your local family court. In Alaska, the state superior courts for your borough handle family law cases. The Alaska court system does a good job of providing self-help resources for folks who can’t afford to hire a lawyer. If you need help, find your local court and be sure to take advantage of the support it offers.

Alaska Family Law Court for Anchorage Borough


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Jurisdictional relevance: ST

There are versions of this article for each State.