Anchorage Child Custody & Visitation Lawyer
A court needs to decide two important custody labels when deciding on a final custody order. The court has to decide the physical custody label which describes which parent a child will primarily reside with. The court also needs to decide the legal custody label. Legal custody describes a parent's ability to participate in the major life decision of a child. The court shall determine custody in accordance with the best interests of the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child the court shall consider:
(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 child's preference if 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 the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(6) 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;
(7) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
(8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
(9) other factors that the court considers pertinent.
The trial court should consider all of these factors when deciding custody. In the event that there is a history of domestic violence between the parties, the perpetrator of such domestic violence should not be granted legal or physical custody of a child until they have completed the steps required pursuant to Alaska law. It is essential to contested custody proceedings that the parties are afforded a hearing which grants them the opportunity to present the quantum of evidence needed to make an informed and principled determination. An evidentiary hearing is an essential component of a child custody proceeding because it gives the parties an opportunity to present the quantum of evidence needed for the court to make an informed and principled determination. Under the Alaska Constitution, procedural due process requires that a party be afforded notice and opportunity for a hearing appropriate to the nature of the case. It is not reversible error for a trial court to enter an interim order for custody without holding an evidentiary hearing when a party did not request an evidentiary hearing prior to the court considering each party's motion documents and issuing an order.
Contact Attorney Kenneth M. Wasche for a Free Initial Consultation
Consultations can be scheduled on-site at attorney Kenneth M. Wasche's Anchorage office or off-site as necessary. As a licensed pilot and member of the Alaska Airman's Association Mr. Wasche can visit many of Alaska's road inaccessible locations by air.
To schedule a free initial consultation with an Alaska family law lawyer, call 907-980-1223 or send an e-mail.
