Though there is no strict age guideline under Alaska law, children are not generally mature enough to make reasoned decisions about which parent to live with until they are teenagers. Even then, a judge will look at the reason the teenager is expressing a preference for one parent over another.
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Can a parent take a child out of state without the other parents consent Alaska?
If a custody case is pending, but there is no order, generally the “standing order” in the case will prohibit either parent from removing the children from the state of Alaska without the permission of the other parent or a court order.
Is Alaska an at fault divorce state?
Alaska is a “no fault” divorce state, which allows for divorce on the basis of an “incompatibility of temperament.” This means that even if your spouse is entirely opposed to ending your marriage, you can still request, and receive, a divorce from the Court.
Does Alaska require separation before divorce?
No, a legal separation is not a required step before getting a divorce. It is a totally separate process, although the court treats (1) the division of marital property and debts and (2) the parenting plan and child support for their children the same in a legal separation and a divorce.
How is child custody determined in Alaska?
Alaska judges decide custody based on what is in the child’s best interest. Alaska courts do not give preference to one parent over the other because of their sex. Instead, the judge must consider all of the following factors when determining custody: the child’s physical, emotional, mental, religious, and social needs.
How is child support calculated Alaska?
To calculate child support in a primary custody arrangement, multiply the noncustodial parent’s annual net income by 20% for one child, 27% for two children, and 33% for three children. If there are more than three children, add an additional 3% for each additional child.
Can my ex leave my child with his girlfriend?
Yes, unless there is a risk to your child’s safety, your ex can leave your child with his girlfriend.
How long does a parent have to be absent to lose rights in Alaska?
(2) 60 days after the date of removal of the child from the child’s home under this chapter.
Can a mother move a child away from the father?
Therefore, a mother may be able to take her children away if the father never married her or wasn’t on the birth certificate. However, the father could apply for a court order to prevent her from moving the children away.
Does it matter who files for divorce first in Alaska?
No, there is no advantage to being the person who starts the case. Both parties have the opportunity to file papers which state their viewpoint in the case. The judge will consider what each party says and apply the appropriate legal factors to decide the issues.
Does Alaska require alimony?
Some people call this alimony, but in Alaska it is called spousal support. The court may order spousal support to be paid before the divorce is final, after the divorce, or both. But usually, the court orders spousal support for a specific purpose and a limited amount of time.
Does infidelity affect divorce in Alaska?
Although adultery in Alaska is a basis for divorce, it doesn’t impact alimony, in and of itself. That’s because Alaska’s alimony law specifically states that when deciding alimony issues, judges must not take marital fault into account.
How long does a divorce take in Alaska?
How long does a divorce take in Alaska? Once the Alaska divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Dissolution.
How much does a divorce cost Alaska?
The court fees for filing the paperwork for a basic divorce in a Alaska court is $200.00. However, the total costs for a divorce can be much higher – especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
What is considered an unfit parent in Alaska?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
When can a child legally decide which parent to live with?
A child cannot legally decide who they want to live with until the age of 16 unless there is a child arrangement order in place that has been extended until they are 17 or 18 years old.
Is child support required in Alaska?
Is there is a mandatory minimum for child support? In Alaska, the mandatory minimum child support is $50.00 per month or $600.00 per year. A parent may also be responsible to pay for health care expenses not covered by insurance or a government benefit program.
What age does child support end in Alaska?
Alaska Law states that a parent must pay child support until a child is 19 years old if they are going to high school, and are still living with (and being supported by) the other parent. In this case, the non-custodial parent will be obligated to pay until the child turns 19 or graduates from high school.
Does Alaska enforce child support?
CSSD collects child support when either CSSD or the court issued a child support order and the noncustodial parent lives in Alaska and either parent has applied for CSSD services to collect. CSSD has many tools to collect support, including issuing and enforcing orders to withhold wages.
Can living with a boyfriend affect custody?
Can living with a new partner affect custody? Courts won’t deny a parent custody or visitation solely because they live with a new partner. However, if the living situation is a risk to the child’s physical safety or emotional well-being, the court may limit that parent’s custody.
Does dating affect custody?
Generally, there is no law against dating during a separation or child custody battle. But if your spouse or former spouse discovers that you are dating, they may become more difficult to negotiate with. This could turn a cooperative relationship into a contentious one.
Do I have a say in who my ex brings around my child?
Do I have a say in who my ex brings around my child? You don’t have a say in who the parent brings around your child unless you have a court order stating otherwise. If the person doesn’t pose a safety risk, you shouldn’t restrict the child from visiting the other parent.
What is considered child abandonment in Alaska?
(a) For purposes of this chapter, the court may find abandonment of a child if a parent or guardian has shown a conscious disregard of parental responsibilities toward the child by failing to provide reasonable support, maintain regular contact, or provide normal supervision, considering the child’s age and need for …
How can a father lose visitation rights?
file an application before the regular court & express the actual position and their behaviour, where child is resisting to meet them and convince the court then automatically court may cancell the visitation rights.
How do I remove parental responsibility from my father?
Parental responsibility can only be terminated by the court. This usually only happens if a child is adopted or the father’s behaviour warrants the removal of parental responsibility.