The
State Of Alaska
Title
25—Marital And Domestic Relations
Chapter
24—Divorce And Dissolution Of Marriage
Section
150—Judgements For Custody
AS 25.
54. 150—Judgements For Custody
(a)
In an action for divorce or for legal separation or for placement of a
child when one or both parents have died, the court may, if it has jurisdiction
under AS 25.30.300 and 25.30.320, and is an appropriate forum
under 25.30. 350 and 25.30.360,
during the pendency of the action, or at the final hearing or at any time
thereafter during the minority of a child of the
marriage, make, modify, or
vacate an order for the custody of or visitation with the minor child that
may seem necessary or proper, including an order
that provides for visitation
by a grandparent or other person if that is in the best interests of the
child.
(b) If
a guardian ad litem for a child is appointed, the appointment shall be
made under the terms of AS 25.24.310 (c)
(c) The
court shall determine custody in accordance with the best interests of
the child under AS 25.20.060–25.20.130. In determining the best
interests of the child the
court shall consider:
(1) the
physical, emotional, mental, religious, and social needs of the child;
(2) the
capability and desire of each parent to meet these needs;
(3) the
child's preference if the child is of sufficient age and capacity to form
a preference;
(4) the
love and affection existing between the child and each parent;
(5) the
length of time the child has lived in a stable, satisfactory environment
and the desirability of maintaining continuity;
(6) the
desire and ability of each parent to allow an open and loving frequent
relationship between the child and the other parent;
(7) any
evidence of domestic violence, child abuse, or child neglect in the proposed
custodial household or a history of violence between the parents;
(8) evidence
that substance abuse by either parent or other members of the household
directly affects the emotional or physical well-being of the child;
(9) other
factors that the court considers pertinent.
(d) In
awarding custody the court may consider only those facts that directly
affect the well-being of the child.
(e) Notwithstanding
the provisions of (d) of this section, in awarding custody the court shall
comply with the provisions of 25 U.S.C. 1901 - 1963
(P.L. 95-608, the Indian
Child Welfare Act of 1978).
(f) If
the issue of child custody is before the court at the time it issues a
judgment under AS 25.24.160, the court shall concurrently issue a judgment
for custody under this section unless, subject to 25.24.155, the
court delays the custody
decision for a later time.
Grandparent
Rights To Visitation
Divorce
pending and in best interest of child. Title 25, Section 25.24.150 (A.S.
§25.24.150)
When
Adoption Occurs: Adoption terminates any rights unless the adoption
decree specifically provides for visitation between the adopted child and
the
natural relatives.
Child
Custody Statutes: Best interest of the child considering: (1) physical,
emotional, mental, religious, and social needs of the child; (2) capability
and desire of each party to meet those needs; (3) child's
preference; (4) love and
affection existing between child and each party; (5) length of time the
child has been in a stable, satisfactory environment, and
the desirability of maintaining
continuity; (6) desire and ability of each party to allow an open and loving
frequent relationship between the child and other party; (7) any evidence
of domestic violence, child abuse or neglect, or history of violence between
the parties; (8) any evidence of substance abuse by a party or other household
member that directly affects the child; or (9) any other relevant factor.
A.S. §25.24.150.
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