FAQs For Parents: How Domestic Violence Can Impact Custody Decisions

On July 1, 2004, the custody and visitation law changed in family cases when there is any history of domestic violence between the parents or between one of the parents and his or her current or past domestic partner. This page tries to provide some basic information about the new law. However, as with any new law, there are likely to be aspects that are open to interpretation. Please consult with a lawyer to learn more about how the court might interpret this law in your situation.

What does the new law say?

If a parent has a history of domestic violence against one of the following people:

• the other parent
• a child
• someone they live(d) with

it is likely that the court will not give that parent custody of the child. However, under certain circumstances, that parent may be allowed some visitation.

What is a "history of domestic violence"?

The law says a "history of domestic violence" is when:

• one parent has caused serious physical injury to one of the people listed above

OR

• one parent engaged in more than one incident of domestic violence against one of the people listed above

Is there a difference between custody and visitation?

Yes. Custody means the rights and responsibilities between parents for their children. This includes legal custody which is the ability to make legal decisions about the children. It also includes physical custody which is where the children physically live. Visitation is the right of a parent and child to contact and visit one another when the child is residing with the other parent.

If a parent has a history of causing domestic violence, is there any way for that parent to get custody?

Maybe. A parent with a history of causing domestic violence may be able to get custody by proving:

• he or she successfully completed a batterer's intervention program , where reasonably available;

AND

• that he or she does not abuse drugs or alcohol;

AND either

• the best interests of the child require that parent to have custody because the other parent is absent, has mental illness that affects parenting, or abuses drugs or alcohol that affects parenting;

OR

• other circumstances that affect the best interests of the child.

Can a parent with a history of causing domestic violence get visitation with the child(ren)?

Yes, but it will only be unsupervised if the court finds that the parent with the history of causing domestic violence:

• has completed a substance abuse treatment program if appropriate,
• is not abusing drugs or alcohol,
• does not pose a danger of mental or physical harm to the child, and
• unsupervised visitation is in the child's best interests.

Otherwise, the court may only allow supervised visitation, and only if the parent with the history of causing domestic violence has completed:

• a batterer's intervention program , if reasonably available, and
• a parenting education program, if reasonably available.

What if both parents have a history of causing domestic violence?

The court should then award custody to:

• the parent who is less likely to continue to commit domestic violence and require that parent to complete a treatment program;

OR

• a suitable third person if necessary to protect the child.

Does this law affect all custody decisions?

Yes. It affects custody decisions in all dissolution, divorce and custody cases. This includes new cases, current cases that haven't yet had final papers and, under certain circumstances, it may apply to old cases that are being modified.

What happens if both parents agree about the custody and visitation, but there has been a history of domestic violence?

Even if both parents agree, the judge may not allow custody or visitation to the parent with a history of causing domestic violence. For example, this means that a judge may not accept a dissolution agreement if one parent has a history of causing domestic violence. Whether a judge will accept an agreement depends on the specifics of the case and how the judge interprets the new law.

Should I talk to a lawyer if there is a history of domestic violence?

Yes. You should talk with a lawyer about how this law will impact your case. Understanding what the law says and how it applies to your situation can be confusing. Under any circumstances, the primary goal should be deciding what is in the best interests of the children; this new law adds an additional layer to the court's analysis and a lawyer can help you understand how that may impact your case.

What can the Family Law Self-Help Center do for me?

How this law will affect your case depends on the specific facts of your situation. The Family Law Self-Help Center cannot help you understand this law, but we can help you understand court procedure and the forms and instructions for your case. Please call (907) 264-0851 (in Anchorage) or toll-free (866) 279-0851 (in Alaska, but outside the Municipality of Anchorage).

Rev. 16 April 2013 © Alaska Court System www.courts.alaska.gov

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