Child Custody: The Basics
When people who are married or living together have children, their religion, family traditions, personal parenting philosophies, and other factors guide them in making decisions about how to raise their children.
But when parents divorce or end their relationship, they become subject to the child custody laws of this state. Child custody includes both legal custody and physical custody.
Legal custody is the authority to make decisions on non-emergency medical care, religion, education, and emancipation. Parents can have joint legal custody or one parent can have sole legal custody.
Physical custody involves the amount of time the children will spend with each parent. Parents can share physical custody of the children. Alternatively, one parent can have primary physical custody in which case the other parent who is referred to as the "non-custodial parent" has visitation with the children.
Each parent has an independent relationship with the children and is entitled to enjoy that relationship without interference by the other parent. Generally speaking, this means that even the non-custodial parent is in charge of the day-to-day routine and activities in the home when the children are spending time with that parent.
If you are facing the challenges of divorce or ending a relationship, you can elect to attempt to negotiate child custody with the other parent. If the two of you together or with the help of attorney or other professional cannot agree on child custody, then the only alternative is to let a superior court judge decide child custody for you. No matter which road you choose to take, you may want to consider these factors: (1) the importance of having both parents involved in the lives of their children; (2) the importance of shielding children from conflict between parents; and (3) the importance of creating a post-divorce environment, which allows children to focus on their emotional and development needs without the disruption of ongoing custody battles.
You would be wise to consult an Alaskan attorney who can educate you about the factors a judge must consider in deciding contested child custody cases and who can advise you if you have concerns about substance abuse, domestic violence or mental health issues.
