Divorce Alaska Custody
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The welfare and development of the child are the two important factors while deciding on the custody in Alaska. Divorce can be a painful incidence in a person's life. The spouses and their family bare lots of negative impacts of a marital dissolution. But, the court ensures that the kids get a proper environment and secure parenting after separation of their parents. In Alaska, child guardianship arrangement is also called as a parenting plan.
Factors considered by the court in Divorce Alaska Custody
The court adheres to the following points while taking a decision regarding this issue –
These are some of the matters that are pondered over by the court. The court may arrange a legal investigation to find out the real situations between the spouses and their kids.
- Is there any proof that either partner or other individuals of the household have practiced substance abuse and this has directly hampered the physical or emotional well being of the child?
- Is there any proof about the instances of neglect, child abuse or domestic violence or illegal activities in the household, where the custodial partner is staying?
- The capacity and wish of each spouse to permit a frequent, loving and open relationship between the other one and the kid.
- The duration for which the family has resided in a satisfactory and stable ambience, and the desire to continue in this ambience.
- The state of affection and love between each parent and the kids. In case the child is of adequate age and able to mention their preference regarding parenting plan, then what is the preference?
- The social, religious, mental, emotional and physical requirements.
- The ability and desire of each parent to fulfill these requirements.
- Does the court find that any other factors that are relevant to this topic?
Features of Divorce Alaska Custody
There are certain specifications that are included in the divorce laws in the state court of this state. These can be stated as –
- Physical guardianship implies, with which parent the kid would physically reside for a major part of the year. This person will enjoy the greater share of time with the kids.
- Legal guardianship specifies a spouse who would make the decisions. That means, only one partner will have the right to decide about the educational and other matters related to the children.
- In this state, joint guardianship is referred to by the term "shared custody"
- In case of legal proceedings, one parent is not given preference over the other on the basis of sex
- The court takes into account only those factors that directly impact the well being of the child
- The court has the right to award shared responsibility(i.e. physical, legal or both), if it believes the following two points
- It would be in the best interests of the little ones
- It would foster frequent and continuous contact with both parents
Highlights of awarding shared custody
When a court is contemplating shared responsibility between partners, it considers all the points mentioned in the first section above. Additionally, it pays due attention to the following issues –
- What is the optimum benefit to the family and the overall development taking into account the following factors:
- Whether the father or mother is more likely to foster continuous and frequent contact with the other parent?
- Does the child have unique and special requirements that can be fulfilled by a specific parent in a better manner?
- The practicability of travel between the father and mother.
- The distance between parental residences and the school that the kids attend.
- The actual time the kids spend with each of the partners.
- Are there any benefits of continuing the preference of the same community wherein the family presently lives?
- The educational and maturity level of the child.
- The relative stability of the atmosphere at home that could be possibly provided by each parent.
- The requirements of the family.
- Whether the kids has any specific issues while adjusting to the parent and his/her regular routine. What are other arrangements that the partner can make to support the kids?
- Has a neutral mediator offered any findings and recommendations?
- Any other factor that has not been particularly pointed out by the laws of this state, but the court considers it relevant.
In this way, the court finalizes the shared custody decision. Sometimes, it may happen that a modification or alteration in the court order is required. A partner, who proposes such changes in the decision, has to prove that this alteration will result in the welfare of the kids and improvement in other circumstances related to them.