Child custody questions answered
How does a court decide custody?
When the court decides custody, they look at what’s best for the child. There are a number of factors that the court looks at specifically, including the stability of the child’s environment and whether each parent is willing and able to work with the other parent for the good of the children. The court also looks at whether the child has any special needs and which parent can better meet those needs.
One of the things that the court considers is the love and affection between the child and each parent. This factor considers what parent is traditionally the child’s primary caregiver. If the kids are used to a stay at home parent who gets them ready for school and drives them to extra curricular activities, this parent might have an advantage when it comes to deciding custody.
What about domestic violence cases?
In domestic violence cases, the court presumes that it’s best to place the child with the other parent. In fact, Alaska law is clear that where a parent has a domestic violence history, they may not have primary or even joint legal or physical custody. The court can still award the parent visitation. However, they should order that a third party supervise the visitation until the parent can show that they’ve completed a domestic violence intervention course and that they have no substance abuse issues.
If one party wins primary custody, does the child still have contact with the other parent?
Some parents think that if the court awards them primary legal or physical custody, they don’t have to deal with the other parent ever again except to collect child support. This is not the case. In the vast majority of cases, the court awards parenting time to both parents. The court expects the parent with primary physical custody to facilitate the other parent’s time with the child.
Can custody change?
No custody arrangement is ever permanent until a child is an adult. A parent can ask the court to change custody or parenting time orders. Common reasons to request changes include domestic violence or substance abuse issues in the other parent’s home. In addition, if a parent plans to move the children, you can ask the court to prevent the move.