Updated December 11, 2023
An Alaska custody agreement is a document made between parents and filed with a district court that covers the division of care for a child or children between parents or guardians. Alaska law states that custody shall be awarded in the best interests of the child.
A custody agreement can be used for married or unmarried couples seeking to arrange legal and physical rights for their child.
Child Custody Factors
The courts in Alaska will consider the following factors when awarding custody to parents or guardians:
- The child’s mental, emotional, religious, and physical needs;
- Each parent’s ability to meet the child’s needs;
- The preference of the child (on which parent to receive custody);
- Affection between each parent and child;
- The stability of parental households and tenure of stability;
- The parents’ encouragement for the child to continue relations with the other parent;
- Indications of abuse or domestic violence; and
- Any other factors the court deems relevant.
Statute: § 25.24.150
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How to File for Custody in Alaska
1. Agree on a Parenting Plan
First, both parents should work together to agree on prioritizing the child’s well-being. If the parents work as a team to make a plan that guarantee’s the child’s safety and structures an ongoing relationship with both parents, the court will likely approve a custody judgment.
2. Calculate Child Support
In almost every custody case, there will be child support paid by one of the parents. To calculate, use the Child Support Guidelines (Form DR-310) provided by the Alaska Court System.
Additionally, parents can use the following unverified child support calculators:
3. File with the District Court
Once an agreement has been reached, open a case and submit the parenting plan to the Alaska District Court where the child and parents reside.
Unmarried Parents
Use the Custody Complaint Packet (Form DR-414) to complete the following forms:
- Cover Sheet (Form DR-414)
- Complaint for Custody of Minor Children (Form DR-420)
- Information Sheet (Form DR-314)
- Case Description Form (Form CIV-125S)
- *Child Custody Jurisdiction Affidavit (Form DR-150)
- *Child Support Guidelines Affidavit (Form DR-305)
- If shared physical custody, Shared Custody Child Support Calculation (Form DR-306)
- If divided custody, Divided Custody Child Support Calculation (Form DR-307)
- If hybrid custody, Hybrid Custody Child Support Calculation (Form DR-308)
*Must be signed in the presence of a notary public. The court clerk can do this at no charge.
Two copies of the above forms must be made when filing. One copy is for the petitioner, and the other will be sent to the defendant.
The filing fee is $75 according to Administrative Rule 9(b) but it is recommended to contact the local court in case of additional fees.
Married Parents
If the parents of the children are currently married, the custody arrangements will commonly be part of the separation or divorce process. Therefore, the parenting plan can be made part or attached as part of the marital settlement agreement.
4. Serve the Defendant
After filing, the clerk will issue a Summons that informs the defendant of the custody case filed against them.
Two (2) copies of a Pretrial Order will also be issued, which gives instructions to both the defendant and plaintiff the instructions on moving forward.
The following four (4) forms must be served to the defendant:
- A copy of all documents filed with the court (in Step 2);
- A copy of the Summons;
- A copy of the Pretrial Order; and
- A blank Answer Packet (DR-440)
If the forms are sent by certified mail (recommended), the return receipt must be kept to prove they were sent. It will be required by the court if the defendant does not respond with the Answer Packet.
Use the How to Serve a Summons (Form CIV-106) as a reference for this process.
5. Obtain a Custody Judgment
The defendant will have twenty (20) days to respond to the case filed against them. If the defendant files an Answer, the plaintiff will receive a copy in the mail.
If the defendant agrees with the requests made in the Complaint, use the Parenting Plan (Form DR-475) to enter a Custody Judgment from the court, which finalizes the process.
If the defendant disagrees with the requests made in the Complaint, the court will either:
- Set an Automatic Hearing – The court will automatically set a trial date through an Order sent to each party.
- Request a Hearing – The plaintiff must file a Memorandum to Set Civil Case for Trial (Form CIV-200). After filing, an Order will be sent to each party.
Custody Laws
- Child’s Preference: Yes, if the child is sufficient age and capacity (§ 25.24.150(c)(3))
- Grandparent Visitation: § 25.20.065
- Military Parents: § 25.20.095
- Temporary Custody: § 25.20.070
- Visitation & Domestic Violence: § 25.20.061
- Uniform Child Custody Act: Title 25, Chapter 30
Related Forms
