CasewellThe law in plain words
Under AS 25.20.060, "The court shall award custody on the basis of the best interests of the child."
The same section says neither parent is entitled to preference, "regardless of the question of the child's legitimacy." In plain words, married or unmarried, both parents start level.
For married parents, AS 25.24.150 covers custody in a divorce or legal separation. Both routes use the same list of best-interest factors.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Alaska explains what the figures can and cannot show.
Legal custody and physical custody
Alaska orders answer two questions: who decides, and where the child lives.
- Legal custody: the power to make major decisions about school, health care and religion.
- Joint legal custody: both parents discuss those decisions and make them together. The court's glossary calls this the most common arrangement.
- Sole legal custody: one parent decides, often because the parents cannot communicate or there are safety concerns.
- Physical custody: where the child actually lives.
- Primary physical custody: the child lives with one parent more than 70% of the year. The other parent has fewer than 110 overnights.
- Shared physical custody: the child lives with each parent at least 30% of the year, meaning at least 110 overnights each.
- Divided and hybrid custody: divided means each parent has primary custody of different children. Hybrid mixes shared custody of some children with primary custody of others.
These labels mostly decide which child support formula applies under Civil Rule 90.3. The court suggests choosing the schedule first, then applying the label.
You will not find "full custody" in Alaska's statutes. Parents using the phrase usually want sole legal and primary physical custody. Under AS 25.20.130, a parent without custody keeps the same access to school, medical and dental records.
In a divorce, a judge can also decide who owns a pet, considering the animal's well-being, under AS 25.24.160.
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Alaska judges weigh each parent's support for the child's bond with the other parent. Keep a dated record of how you show it.
- Messages and calls that support the child's time with the other parent
- Overnights, exchanges and travel, with dates, kept or missed
- Safety worries, backed by protective order papers or police case numbers
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Is Alaska a 50/50 state?
Not by law. No Alaska statute presumes equal time or shared custody.
- Shared custody is allowed: under AS 25.20.060(c), the court may award it if it serves the child. It must then give frequent contact with each parent "to the maximum extent possible."
- Extra factors: before ordering shared custody, the court weighs the ten factors in AS 25.20.090. They include each parent's actual time with the child and how feasible travel is.
- Reasons required: if a parent or guardian ad litem asks for shared custody and the court refuses, it must state its reasons on the record.
- While the case is pending: AS 25.20.070 gives the child equal access to both parents, to the greatest degree practical. That is a temporary rule, not a final 50/50 presumption.
Bills proposing a shared custody presumption were filed in 2018, 2019 and 2021. None passed, and the statutes contain no such presumption today. For household figures, see a father's chances of 50/50 custody in Alaska.
The best-interest factors
Under AS 25.24.150(c), the court must consider nine factors:
- the child's physical, emotional, mental, religious and social needs
- each parent's ability and desire to meet those needs
- the child's preference, if the child is old and mature enough to form one
- the love and affection between the child and each parent
- how long the child has lived in a stable, satisfactory home, and the value of keeping that continuity
- each parent's willingness and ability to encourage a close, continuing relationship with the other parent
- any domestic violence, child abuse or neglect in the proposed home, or a history of violence between the parents
- substance abuse by a parent or household member that directly affects the child
- any other factor the court finds pertinent
Factor 6 has a safety exception. It does not count if a parent shows the other committed sexual assault or domestic violence against them or a child. Continued contact must also endanger the parent or child.
Under AS 25.24.150(d), the court may consider only facts that directly affect the child's well-being. For an Indian child, the federal Indian Child Welfare Act also applies.
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Your child's preference
Alaska sets no age at which a child chooses. Under AS 25.24.150(c), the court weighs the preference of a child "of sufficient age and capacity to form a preference."
- Capacity, not a birthday: the judge asks whether this child can form a real preference of their own.
- Shared custody: the child's preference is also the first factor in the shared custody list.
- Professionals: the court may appoint a custody investigator to assess the family, or a lawyer or guardian ad litem for the child.
A preference counts, but it is one factor among nine. It does not settle the case alone.
Mothers' and fathers' rights
Neither parent starts ahead. Under AS 25.20.060(b), no parent is entitled to preference, and Alaska's factor list says nothing about a parent's sex.
- Married parents: the court's paternity page says a child born during a marriage has the husband as legal father. That holds even if he is not the biological father.
- Birth certificate: the husband's name goes on it if the mother was married at conception, during pregnancy or at birth.
- Correcting it: a court case can remove the husband as father. A three-way affidavit with the mother, husband and biological father can also do it.
- Military parents: under AS 25.20.095, a deployment generally cannot count against a parent. The court must also maximize the deployed parent's contact, consistent with the child's interests.
A father's case rests on the same evidence as a mother's: his care, his home and the child's needs.
If you were never married
Unmarried parents start level too. AS 25.20.060(b) gives neither parent a preference, "regardless of the question of the child's legitimacy."
- Before any order: no Alaska statute we found says who has custody before a court order. Either parent can file a custody case to get one.
- Affidavit of paternity: parents can sign one, often at the hospital, under AS 25.20.055. It is filed with Health Analytics and Vital Records, not the court.
- Its legal effect: under AS 25.20.050, a signed acknowledgment counts as a legal finding of paternity.
- Changing your mind: it can be withdrawn within 60 days of signing. The window closes sooner if a support or paternity case starts first.
- After that: it can only be challenged in superior court for fraud, duress or a material mistake.
- Other routes: the Child Support Services Division can establish paternity, or a parent can ask the court. A DNA test showing 95% or higher creates a presumption of paternity.
The custody packet for unmarried parents, SHC-PAC3A, can settle paternity and custody in one case.
Domestic violence
Abuse shifts the whole analysis. Under AS 25.24.150(g), the law presumes a parent with a history of domestic violence may not get sole or joint custody of any kind.
- Rebuttable: the presumption can be overcome, but only by meeting the conditions the statute lists.
- What counts as a history: one incident causing serious physical injury, or more than one incident of domestic violence.
- Who the victim can be: the other parent, a child or a domestic living partner.
- Overcoming it: by a preponderance of the evidence, meaning more likely than not. The parent must finish a batterers' intervention program where available and not abuse substances.
- The third requirement: the child's interests must require that parent's custody. Examples are an absent other parent, or one impaired by mental illness or substance abuse.
- Visits: the court must limit that parent to supervised visits, tied to finishing intervention and parenting programs. Unsupervised visits need specific showings under subsection (j).
- Both parents violent: custody goes to the parent less likely to continue, with treatment, or to a suitable third person.
- Victims protected: the effects of abuse are not a reason to deny custody to the abused parent, unless severe enough to prevent safe parenting.
The court's self-help pages note that no protective order or criminal charge is needed. Testimony can be enough. For a recent domestic violence crime, AS 25.20.061 also lets the court order protected exchanges and no overnights.
Protection orders
Alaska calls these domestic violence protective orders, under AS 18.66.100. Filing is free, and so is service.
- Who can file: a victim of a crime involving domestic violence by a household member. That includes a parent who shares a child with the abuser.
- Ex parte order: under AS 18.66.110, a judge can issue one without the other parent present, on probable cause. It lasts 20 days.
- Police emergency order: an officer can request one for someone in immediate danger. It lasts 72 hours.
- Long-term hearing: the other parent gets at least 10 days' notice. The judge decides by a preponderance of the evidence.
- Custody: the order can give the petitioner temporary custody. Visits are allowed only if the child and petitioner can be kept safe.
- How long: most terms last one year, and can be extended. The ban on further abuse lasts until the court changes it.
- No mediation: the court may not send the parties to mediation over a protective order petition.
While a protective order is in effect, the court also cannot order mediation in the custody case.
Emergency and temporary orders
To get a custody order before trial, you file a motion for interim custody. The court's parenting and custody page lists the forms.
- Custody only: file a Motion and Affidavit for Interim Custody and Child Support (SHC-1101) with a proposed Custody Order (SHC-1103).
- Divorce with other issues: use SHC-1100 and SHC-1102 to add support, property, debts or fees.
- Filed with the complaint: also file a Notice of Motion (SHC-1630).
- Faster ruling: a motion for expedited consideration under Civil Rule 77(g). The court says these are rarely granted and only for real emergencies.
- Starting point: while the case is pending, AS 25.20.070 calls for equal access to both parents. Exceptions apply if that would harm the child or the abuse presumption applies.
- Standing order: when a case opens, the clerk issues an order barring either parent from taking the children out of Alaska without agreement or permission.
Where abuse is the worry, a protective order can grant temporary custody without waiting for the custody case. Under AS 25.30.330, Alaska courts have emergency power over an abused or abandoned child who is here.
Moving with your child
No Alaska statute we found sets a notice period for moving with a child. The rules come from your court order and from how judges apply the best-interest factors.
- During a case: the standing order bars taking the children out of Alaska without the other parent's agreement or the court's permission.
- After an order: check its travel terms. If the other parent objects to a move, ask the court to modify the order.
The court's parenting plan page describes a two-step test when one parent wants to move and the other objects:
- A legitimate reason: the move cannot be meant to cut off the other parent. A better job, a special education program or family support can qualify.
- Best interests: the judge applies the usual factors. That includes the effect on the child of moving with the parent, and of staying without them.
The continuity factor counts both the child's place and the child's relationships. The court's examples of a change in circumstances include a move out of state that makes the schedule unworkable.
Changing custody
Under AS 25.20.110, a custody or visitation order can change if a change in circumstances requires it and the change serves the child.
- Change in circumstances: something that makes the old plan no longer work for the child. A child starting school, a move or a jail sentence are court examples.
- Domestic violence: a finding of a domestic violence crime since the last order counts as a change in circumstances by law.
- Child support history: the court must consider each parent's record of paying support, if they knew the amount and could pay.
- Deployment: a temporary military deployment is generally not a change in circumstances.
- Reasons on the record: if a parent opposes and the court grants the change, it must say why.
- No waiting period: we found no statute barring a motion for a set time. The court says motions can be filed any time before the child turns 18.
To ask, file packet SHC-PAC12A or DR-700. The other parent answers with DR-720. If you both agree, file SHC-PAC11, which is free.
Under AS 25.20.140, a parent who willfully blocks visits set by a specific order, without just excuse, can be sued for $200 per missed visit. The child's wish to skip a visit is not an excuse.
Parenting plans, classes and mediation
Every Alaska custody order sets a parenting plan, by agreement or after trial. We found no statewide default visitation schedule.
- Plan form: the court's Parenting Plan, DR-475, walks through schedules, decisions, travel and the Permanent Fund Dividend. Parents can use it together or alone.
- Best Interests Affidavit: form DR-965 lets you explain how your plan meets each factor. The clerk notarizes it for free.
- Parent education: most courts require a video or online class before the final decree. Requirements vary by court location, so check yours.
- Mediation: under AS 25.20.080, the court may order mediation within 30 days of filing. The case is paused for up to 30 days.
- Free court mediation: the court's parenting plan program charges no fee, unless parents need more time or more issues covered.
- Abuse limits: mediation is not ordered while a protective order is in effect. Where there was domestic violence, it generally needs the victim's agreement.
- Custody investigator: a court-appointed expert in child development who assesses the family and recommends a plan. Programs differ by community.
- Lawyer or guardian ad litem: under AS 25.24.310, the court may appoint one for the child. Parents usually pay, unless they cannot afford it.
A guardian ad litem becomes a party to the case. A custody investigator only investigates and recommends.
Grandparents, other caregivers and an absent parent
Parents come first. The court's grandparent rights page says no statute directly covers grandparent custody. Supreme Court cases give parents a preference over non-parents.
- Custody for a non-parent: they must show the parent is unfit, or that the child's welfare requires the change.
- Grandparent visitation: under AS 25.20.065, a grandparent may ask if they have had, or tried to have, ongoing contact. Visits must serve the child.
- The evidence needed: the court requires clear and convincing evidence, including that the parent's limits on contact harm the child.
- After a final order: a grandparent can usually ask only if they did not ask during the case, or circumstances have changed.
Time away does not end parental rights by itself under any Alaska statute we found. Termination takes a court order.
In an adoption under AS 25.23.050, a judge may skip consent from a parent who abandoned the child for six months. The same applies after a year without meaningful contact or support, without good reason, while someone else has custody.
How to file for custody in Alaska
Alaska courts generally need the child to have lived in Alaska for the six months before you file. Exceptions exist for babies and emergencies.
- Choose the packet. Married parents file for divorce (SHC-PAC1A) or, if they agree on everything, dissolution. Unmarried parents use the custody packet (SHC-PAC3A), or SHC-PAC10 if they agree on everything.
- Complete the core forms: the Complaint for Custody (DR-420), Jurisdiction Affidavit (DR-150), Child Support Guidelines Affidavit (DR-305), Information Sheet (DR-314) and Summons (CIV-100).
- Add forms if needed. Include a Case Description (CIV-125S) unless you file through TrueFiling. Use DR-151 to keep your address private for safety.
- File at your local court. Pay the fee, or attach a fee waiver request.
- Collect the standing order from the clerk, and serve it with your papers.
- Serve the other parent by certified mail, restricted delivery, return receipt, or a process server.
- Keep the proof of service. The other parent has 20 days to answer, or you can ask for a default.
Complete the parent education requirement before the final decree. The court's custody filing page and form packets have every form, including instructions DR-415.
How much does it cost to file for custody in Alaska?
Fees come from the court's filing fee page, which lists them as effective May 1, 2023.
| Filing | Fee |
|---|---|
| Custody, paternity, divorce or dissolution case | $250 |
| Motion to modify custody, visitation or support, contested | $75 |
| Agreed (stipulated) motion to modify | Free |
| Registering an out-of-state custody order | $150 |
| Protective order | Free |
Fees last checked October 29, 2026. Ask the clerk to confirm before you file. Parents with low income can file a Request for Exemption from Payment of Fees (TF-920). Online parent education classes can carry their own fee.
What changed recently
- 2026: HB 307, on court-ordered compensatory visitation, was introduced on February 13, 2026. It was heard and held in committee on April 23, 2026, and is not law.
- 2026: HB 239 became chapter 9 of the 2026 session laws. It creates an address confidentiality program, which may help some abuse survivors keep an address private. Check when it starts and who qualifies.
- 2018 to 2021: shared custody presumption bills were filed but did not become law.
We found no 2024 to 2026 amendment to AS 25.20.060 to 25.20.140 or AS 25.24.150. Court filing fees have not changed since May 1, 2023. Last checked October 29, 2026. Laws can change, so check before you rely on this.
Building the record
An Alaska judge looks at who has cared for the child, how settled the child is, and whether each parent backs the other's bond. Specific dates answer those questions best.
Write down overnights, handoffs and cancelled visits on the day. Casewell stores each note beside the related texts and emails, so a lawyer or custody investigator sees events in order. Before recording a call, check Alaska's rules on recording a co-parent.
Before you record a call or a handover, check whether you can record your co-parent in Alaska.
An Alaska custody record
Alaska judges weigh care, continuity, safety and support for the other parent's bond. Update this list as things happen, not the week before a hearing.
Court timeline
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Is Alaska a 50/50 custody state?
No. Alaska does not presume equal time or shared custody. Judges can order shared custody, meaning at least 110 overnights a year with each parent, when it suits the child.
Does an unmarried mother have full custody in Alaska?
We found no Alaska statute giving either unmarried parent custody by default. The law prefers neither parent, and either one can file for a custody order.
What rights do fathers have in Alaska?
The same as mothers. Neither parent is entitled to preference, married or not. An unmarried father should establish paternity, then he can ask for custody.
How long does a father have to be absent to lose his rights in Alaska?
Under the Alaska statutes we found, absence alone does not end parental rights. A court must terminate them. For an adoption, abandoning the child for six months means that parent's consent may not be needed.
At what age can a child choose which parent to live with in Alaska?
Alaska has no fixed age. The judge weighs the preference of a child of sufficient age and capacity to form one, as one factor among nine.
How much does it cost to file for custody in Alaska?
The court lists $250 to open a custody, paternity or divorce case, and $75 for a contested motion to modify. Low-income parents can ask to have fees waived.
Sources
This page summarizes Alaska Statutes Title 25 and chapter 18.66, Alaska Court System self-help guidance and 2025 to 2026 legislative records, as of October 2026. It explains the law in general terms and is not legal advice.
- AS 25.20.060 — petition for custody, no parental preference, shared custody checked
- AS 25.20.070 — equal access while custody is pending checked
- AS 25.20.110 — modification of custody or visitation checked
- AS 25.24.150 — best-interest factors and domestic violence presumption checked
- AS 25.20.050 — acknowledgment of paternity checked
- AS 18.66.100 — domestic violence protective orders checked
- AS 25.30.300 — initial child custody jurisdiction checked
- Alaska Court System — parenting and custody, interim custody checked
- Alaska Court System — how to make a parenting plan, moving out of state checked
- Alaska Court System — filing fees and fee waiver checked