While child custody attorneys make matters as stress-free as possible, custody disputes during divorce are often emotionally charged. Understanding the process can help prepare you mentally for the decisions you must make. Whether you’re discussing an arrangement with the other parent or letting a judge make decisions, use this guide to learn some of your rights.

What to Know About Child Custody

How do courts decide who gets physical custody?

In Alaska there is a presumption that equal access/physical custody  is in the best interest of the child. However, the court can vary from equal access if it is in the best interest of the child. Courts base their decisions on the best interests of the child. To determine how to split custody, judges weigh in a variety of factors including the needs of the child and the parent’s ability to meet those needs, sometimes the preference of the child is considered. The presence of domestic violence or substance abuse is a big consideration.

How is “legal custody” different?

This term describes a parent’s right to participate in important decisions affecting their children, such as what medical treatment they receive and where they attend school and church.

Even when one parent has primary physical custody, courts often award legal custody to both parents. There are a few exceptions, such as when the parents are unable to effectively communicate with each other on behalf of the child. 

Do we need to go to court if we agree on an arrangement?

Finding common ground with the other parent can spare your family the emotional turmoil of a trial, and allows you the decision, rather than having someone who doesn’t know your child make that decision. However, any private agreement isn’t legally enforceable unless a judge signs it.

After you finalize the settlement, have your child custody attorney submit a copy of the parenting plan to the court to protect your rights and prevent disagreements later.

What is a parenting plan?

A parenting plan is an in-depth explanation of the decisions you make. The document should cover everything from custody schedules to how future disputes should be settled. The parenting plan should also mention how and when you will discuss travel, education, and doctor’s appointments with the other parent.

If you’re going through a divorce, a skilled child custody attorney will make this complicated process as simple as possible. The Law Office of Steven J. Priddle has over 20 years of  legal experience in Alaska, offering prompt service and reliable legal advice. Visit their website for an overview of their family law services, or call (907) 339-9572 to schedule a consultation.