The Best Interests of the Child
by: Alaska Legal Services Corporation
Whenever a court has to decide which parent should have custody, the standard that is used is the "best interests" of the children involved.This is not necessarily the same thing as what a parent wants, but instead is based on the needs of the child.According to Alaska Law (A.S. 25.24.150), the court looks at the following factors:
(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.
In awarding custody the court may consider only those facts that directly affect the well-being of the child.No single factor is the deciding factor.Instead, the court looks at the whole picture when making a decision.
Last Reviewed On: 10/18/04
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