Family Court in Alaska: What Survivors Need to Know (Custody, Visitation & Child Support)

In Alaska, the court system takes domestic violence seriously, with specific statutes designed to protect survivors and their children during custody disputes. The most critical law for you to know is the "presumption" against custody for abusers.

Whether you are in Anchorage, Fairbanks, or a remote community, the laws apply statewide. Here is what you need to know to navigate the system safely.

1. The "Rebuttable Presumption" (AS 25.24.150(g))

Alaska has one of the strongest protective laws in the country regarding custody.

• The Law: Under Alaska Statute 25.24.150(g), there is a rebuttable presumption that a parent who has a "history of perpetrating domestic violence" should NOT be awarded sole or joint physical or legal custody.

• What counts as a "History"? The court finds a history if:

  • The parent caused serious physical injury in just one incident; OR

  • The parent engaged in more than one incident of domestic violence (even if no serious injury occurred).

• How it works: If you prove this history, the judge must assume the abuser is unfit for custody. The abuser then has to prove they have changed (e.g., by completing a 36-week batterer’s intervention program and staying sober) to "rebut" this presumption.

2. Domestic Violence Protective Orders (DVPO)

You do not need a lawyer to file for protection. Alaska offers a user-friendly "Petition Wizard" online to help you fill out the forms.

• Ex Parte (Short-Term) Order: You can get this immediately without the other person knowing. It typically lasts 20 days.

• Long-Term Order: After a hearing (where the abuser can be present), the judge can grant a long-term order, usually for one year.

• What it does: It can order the abuser to stay away, grant you temporary custody of children, possession of the home/vehicle, and even temporary child support.

• Enforcement: Violation of a protective order is a crime (mandatory arrest).

3. Mediation: You Can Be Exempt

Alaska courts often use mediation to settle disputes, but not when safety is at risk.

• The Rule: Under Alaska law, the court cannot order you to mediation if you object on the grounds that domestic violence has occurred.

• Your Right: You do not have to negotiate face-to-face with your abuser. If a judge or clerk suggests mediation, state clearly: "There is a history of domestic violence, and I object to mediation."

• Exception: If you choose to mediate, you can request a mediator specifically trained in domestic violence, and you can bring a support person or advocate with you.

4. Child Support (Civil Rule 90.3)

• The Formula: Alaska uses a flat percentage of the paying parent's adjusted annual income:

  • 20% for one child.

  • 27% for two children.

  • 33% for three children.

• Safety & TANF: If you receive public assistance (ATAP/TANF), the state usually pursues the other parent for reimbursement. However, if doing so would endanger you or the children, you can file a "Good Cause" Claim to stop the state from contacting the abuser.

5. Relocation with Children

If you have a custody order (or one is pending), you generally cannot move the children out of your current school district without the other parent's permission or a court order.

• Safety Exception: If you are fleeing violence, prioritize safety, but file a motion with the court immediately (e.g., an "Expedited Motion for Interim Custody") explaining why you fled. Leaving without legal cover can sometimes be used against you as "custodial interference," so getting a DVPO that grants you custody first is the safest legal path.

Frequently Asked Questions (FAQ)

Q1: Can I use recordings of my partner to prove abuse?

Yes. Alaska is a "one-party consent" state. This means you can legally record a conversation you are participating in without the other person's knowledge. These recordings can be vital evidence in a DVPO or custody hearing to prove threats or verbal abuse.

Q2: I live in a village with no courthouse. How do I get a DVPO?

Remote Filing: You can file a petition for a protective order at your local police station, Village Public Safety Officer (VPSO), or Magistrate’s office. In emergencies, hearings can often be conducted telephonically.

Q3: Will the judge let my abuser have visitation?

Likely, but it should be restricted. Even if the "presumption" against custody applies, the court usually allows some contact. However, under AS 25.24.150(j), this visitation must be supervised until the abuser completes a batterer's intervention program. You should ask for professional supervision or a safe third party.

Q4: Do I need a lawyer for the long-term hearing?

It is highly recommended. While you can represent yourself (Pro Se), the abuser may have a lawyer. If you cannot afford one, Alaska Legal Services Corporation (ALSC) prioritizes domestic violence cases.

Q5: Does "emotional abuse" count for the custody presumption?

Generally, no. The strict statutory presumption (AS 25.24.150(g)) usually requires acts defined as crimes of domestic violence (assault, stalking, threats of injury). However, emotional abuse is still a major factor in the "Best Interests of the Child" analysis, so you should still present this evidence.

Q6: What if he threatens to stop paying rent if I file?

A DVPO can fix this. A judge can order the abuser to continue paying rent or mortgage on the family home as part of the protective order, even if he is kicked out. This is called "spousal support" or "financial relief" within the DVPO.

References & Resources

• Alaska Court System - Family Law Self-Help Center: 907-264-0851 (Free guidance on forms).

• ANDVSA (Alaska Network on Domestic Violence & Sexual Assault): 907-586-3650 (Shelter and legal advocacy referrals).

• Alaska Legal Services Corporation (ALSC): Free legal aid for low-income Alaskans.

• Legislation: Alaska Stat. § 25.24.150 (Custody), AS 18.66.100 (Protective Orders).