The state court holds a hearing and hears people testify.  When it makes its decision, the court looks at a list of factors.  The most important factor is which parent can do the best job of meeting a child’s needs.  Other important factors are the child’s preference, if the child is mature enough to express a preference; how much love and affection there is between each parent and the child; whether the child is now living in a stable place, and how long this has been going on; whether each parent is able and willing to allow the other parent to have an open and loving relationship with the child; whether there has been domestic violence, child abuse, or child neglect; and whether substance abuse by either parent has directly affected the child.  The court also tries to make sure that children are not split up from their brothers and sisters.

If the parents agree, they can file a case in state court that gives the court a copy of their written agreement, and asks that the agreement be turned into a court order.  Unfortunately, the Court System does not yet have any forms about this, but you can get copies of forms about this from any Alaska Legal Services office.

Yes.  The Court System has a "Model Parenting Agreement" parents can use.  It explains many different options for possible custody arrangements and asks parents to check boxes or fill in blanks describing which options they want to use.

Judges sometimes use the "Model Parenting Agreement" to figure out details of custody schedules even if the parents have not agreed about what to do.

One parent files a custody complaint, and once the other parent gets a copy of the complaint, he or she files an answer.  The Court System has forms at each superior court office for filing custody complaints and filing answers.  If a lawyer is involved, the lawyer usually uses his or her own forms.

The parents have to give the court information about their incomes, so the court can set child support.  The parents also have to tell the court where the children have been living, and whether there have been any other court cases going on about the children.  This is so the court can figure out whether it is the right court to be making a custody decision.

The state court has a scheduling hearing to schedule a trial.  There are also documents to exchange and various other things to do (all explained in the court rules).  Sometimes the state court appoints a custody investigator or guardian ad litem to advise it about the best custody decision.

Yes.  The father would want to file a complaint for custody and paternity.

No one has an automatic right to custody while the case is going on but before there is a trial.  Either parent can ask the court to make a decision about this.  A state law says that a child should have equal access to both parents while the case is waiting for trial, unless this would be detrimental to the child.

In most places in the state, there is a state court “standing order” that says that parents may not take children out of state while the case is pending, unless (a) the other parent agrees, or (b) the court says this is OK.

The parent can appeal the decision to the Alaska Supreme Court.

A custody case can be in tribal court if the child is a member of the tribe or eligible for membership, and if both parents are tribal members or eligible for membership, and if there is a tribal court willing to hear the case.  If one of the parents is not a tribal member or eligible for membership, there can still be a tribal custody case if that parent agrees to go to tribal court.  If the parent does not agree, there is a complicated legal issue and both parents should certainly consult lawyers, if they haven’t done this already.

What happens to a state custody case if a tribal custody case is already going on when the state custody case starts?

One parent usually asks the state court to stop its custody case and let the tribal custody case keep going ahead.

What happens to a tribal custody case if a state custody case is already going on when the tribal custody case starts?

One parent usually asks the tribal court to stop its custody case and let the state custody case keep going ahead.

Shouldn’t custody of a very young child always go to the mother?

No.  That rule was called the "tender years rule," and it no longer applies in Alaska state court.

What if the mother is breastfeeding the child?

That is one of the things a court will pay attention to, but it doesn’t always mean that the baby will be with the mother.

If there is a CSED order that one parent pay child support, does that mean the other parent has custody?

Not necessarily.  When CSED issues a child support order, it names the parent it thinks is the parent taking care of the child, but only a court can issue a custody order.

Yes.  You can check Alaska Legal Services Corporation's website for a schedule of classes. 

You can also check the Alaska Court System's Family Law Self-Help Center website for a schedule of free classes and workshops.