Alaska Court System Self-Help

A custody order usually includes the following which is also called a "parenting plan" which should be based on what arrangement is in the child’s best interests:

• Parenting Schedule: sets out specific days and times for children to be with each parent; who will transport the children, where will the transfer happen, who will pay for any travel necessary for visits. This is what the forms call physical custody.
• Decision Making: sets out how decisions will be made with respect to health, education, and religion for children. Will the parents make them together or should one parent have decision making authority? This is what the forms call legal custody.
• Travel: states whether and under what circumstances children can travel out-of-state or internationally.
• Financial Matters: identifies which parent will apply for PFDs, what will happen to those funds, and which parent will claim children for tax purposes in which years.
• Health Insurance: states how children get health insurance, who will pay and how will parents will handle uninsured costs.
• Child Suppor: requires that children have adequate financial support as required under Civil Rule 90.3. The custody order has a child support section, but there is also a separate child support order.

There are two ways a custody order happens:

• based on both parents’ agreement in a settlement; or
• the judge’s decision.

Hopefully you can reach a settlement with the other parent, but if that is impossible, the matter will go to trial for the judge to make the final decision.

The court determines custody (also called a "parenting plan") according to what arrangement is in the child’s best interests. To figure this out, the court considers a series of factors called the "best interest" factors which include:

• the physical, emotional, mental, religious, and social needs of the child;
• the capability and desire of each parent to meet these needs;
• the child's preference if the child is of sufficient age and capacity to form a preference;
• the love and affection existing 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, except that the court may not consider this willingness and ability 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 either the parent or the child;
• any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
• evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
• other factors that the court considers pertinent.

It is usually best if both parents can work together to reach an agreement about the parenting plan. As long as the agreement is in the child’s best interests, the judge will usually sign off on the agreement and the parents will not need to make arguments at a trial. If that is not possible, the judge will make a decision after hearing from both parents at a trial.

There are many resources about child development and the emotional and psychological impact that parents and their separation can have on children. There are also forms useful in court cases and to make parenting and custody plans. Parents find the following topic pages helpful:

• How to Make a Parenting Plan
• Safety Concerns
• The Court Case & Resolution Options
• Forms

It is always better for parents and children if parents can find a way to work out the parenting and custody issues through negotiation as opposed to going to a contested court case with a full-blown trial. Parents who are successful in coming up with a settlement in custody matters often use a number of the following resources:

• Legal Education
• Custody and Parenting Plan Mediators
• Learn more about mediation
• Mental Health Professionals
• Collaborative Law Professionals
• Judicial Settlement Conferences

As a guide for discussion, you can use the Parenting Plan, DR-475. It includes the important parts of a parenting plan and many common options for parents to think about.

Sometimes because of domestic violence, substance abuse, mental health issues, neglect, other safety issues or just plain stubbornness, the parents cannot work out a custody agreement. In that situation, a trial will be necessary and the judge will make the final custody decision.

If you need the judge to decide temporary custody before your final hearing or trial, you will need to make the request to the judge by filing a Motion for Interim Orders, along with an affidavit and a proposed order. There are two versions of the forms you can use depending on the specifics of your situation.

If you have a divorce with children case and want to ask for temporary orders regarding custody, visitation, child support along with spousal support, return of property, payment of debts or attorney’s fees, you can use these forms:

• Motion for Interim (Temporary) Order - Divorce or Legal Separation with Children, DR-882
• NOTE: if you are filing a motion with your Complaint or filing a motion after the decree has been signed, you must also file:
  • Notice of Motion, CIV-650

If you have a divorce with children or a custody case and are only asking for temporary custody, visitation or support, you can use these forms:

• Motion for Interim (Temporary) Custody and Child Support, DR-455
• NOTE: if you are filing a motion with your Complaint or filing a motion after the decree has been signed, you must also file:
  • Notice of Motion, CIV-650

If you feel that you have an emergency that justifies speeding up the motion for interim custody order process, you may file a motion for interim custody and an additional motion asking for expedited consideration of your interim custody motion. Civil Rule 77(g) is the special court rule controlling these requests. Requests for expedited consideration are rarely granted, and should only be used in a real emergency. You may call the Family Law Self-Help Center Helpline for more information and the special form, or you may consult with an attorney. There are special requirements to serve a motion for expedited consideration.