Sec. 25.20.070. Temporary custody of the child.
Unless it is shown to be detrimental to the welfare of the child, the child shall have, to the greatest degree practical, equal access to both parents during the time that the court considers an award of custody.
If there is a dispute over child custody, either parent may petition the superior court for resolution of the matter under AS 25.20.060
. The court shall award custody on the basis of the best interests of the child. In determining the best interests of the child, the court shall consider all relevant factors including those factors enumerated in AS 25.24.150
(c). In a custody determination under this section, the court shall provide for visitation by a grandparent or other person if that is in the best interests of the child.
(b) Neither parent, regardless of the question of the child's legitimacy, is entitled to preference in the awarding of custody.
(c) The court may award shared custody to both parents if shared custody is determined by the court to be in the best interests of the child. An award of shared custody shall assure that the child has frequent and continuing contact with each parent to the maximum extent possible.
Sec. 25.20.090. Factors for consideration in awarding shared child custody.
In determining whether to award shared custody of a child the court shall consider
(1) the child's preference if the child is of sufficient age and capacity to form a preference;
(2) the needs of the child;
(3) the stability of the home environment likely to be offered by each parent;
(4) the education of the child;
(5) the advantages of keeping the child in the community where the child presently resides;
(6) the optimal time for the child to spend with each parent considering
(A) the actual time spent with each parent;
(B) the proximity of each parent to the other and to the school in which the child is enrolled;
(C) the feasibility of travel between the parents;
(D) special needs unique to the child that may be better met by one parent than the other;
(E) which parent is more likely to encourage frequent and continuing contact with the other parent;
(7) any findings and recommendations of a neutral mediator;
(8) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
(9) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
(10) other factors the court considers pertinent.
Sec. 25.20.100. Reasons for denial to be set out.
If a parent or the guardian ad litem requests shared custody of a child and the court denies the request, the reasons for the denial shall be stated on the record.