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Common Questions About Child Custody
by: Alaska Legal Services Corporation
Q.	How do I go about getting custody, and what papers do I need to file?

A.	Do-it-yourself child custody forms are available at the court clerk’s office. The Court System does not have do-it-yourself divorce forms, but you can get these from the Family Law Self-Help Center. Click on the link below to find these forms. If there is a dispute about who should have custody of the children, the judge will decide this after looking at several issues: what the children’s needs are and who can do a better job of meeting those needs, the children’s preferences (if they’re old enough to have them), how stable the children’s existing situation is, whether each parent is willing to allow an open and loving relationship with the other parent, whether alcohol or substance abuse interferes with a parent’s ability to raise the children, and other factors the Court thinks are relevant. If one or both parents have a history of domestic violence, the Court applies additional rules meant to protect the children against the violence.

Links:	Divorce, Dissolution, and Custody Forms and Instructions

Q.	How can I get full custody of my children and keep the other parent from seeing them?

A.	This might be the wrong question, because in most cases the Court System is very anxious to make sure that both parents can see the children, even if one parent has primary custody. The standard for completely denying visitation between a parent and children is a very hard one to meet, usually involving child abuse or serious domestic violence within the household.

Q.	How can I get custody of my child from his/her mother when the mother is using drugs?

A.	If one parent has custody under a court order, but that parent’s drug use is endangering the children, the other parent can file a motion for modification of the court order on the theory that the custodial parent’s drug use is a substantial change of circumstances.

Q.	What do I need to do to modify my custody order?

A.	To get a modification of a divorce or custody order, you can file modification forms, showing that there’s been a substantial change of circumstances since the original order and that a new custody arrangement would be in the children’s best interests. A custody and child support modification packet is available at the court clerk’s office. If a lawyer represents you, the lawyer will probably use his or her own paperwork.

Links:	Forms and Information for Modifying Child Custody or Child Support


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	Last Reviewed On: 11/29/04

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