Alaska Stipulation Regarding Joint Custody of Children

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Multi-State
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US-02757BG
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Description

A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.


There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.


The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.

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FAQ

Alaska law presumes that children should have equal access to both parents unless a court order says otherwise. Before a custody order is issued, neither parent has a right to keep the other parent away from the children.

Though there is no strict age guideline under Alaska law, children are not generally mature enough to make reasoned decisions about which parent to live with until they are teenagers. Even then, a judge will look at the reason the teenager is expressing a preference for one parent over another.

If a custody case is pending, but there is no order, generally the ?standing order? in the case will prohibit either parent from removing the children from the state of Alaska without the permission of the other parent or a court order.

Many people assume that mothers have greater child custody rights than fathers. However, the fact is that no custody laws in the U.S. give mothers a preference or additional rights to custody of their children.

?Shared physical custody? means that all of the children will stay with each parent at least 30% (110) of the overnights during the year.

In Alaska in situations where one parent has primary custody, child support is based upon the earnings of the noncustodial parent. If there is shared or divided custody, the child support is based on the income of both parties.

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Alaska Stipulation Regarding Joint Custody of Children