Alaska Joint Custody Agreement

JOINT CUSTODY AGREEMENT

State of Alaska — Superior Court

Case No.: [____] [________________________________]
Judicial District: ☐ First (Juneau) ☐ Second (Barrow/Nome) ☐ Third (Anchorage) ☐ Fourth (Fairbanks)
Court Location: Superior Court at [________________________________]

Filed in connection with: ☐ Divorce (AS 25.24) ☐ Custody petition — unmarried parents (AS 25.20.060) ☐ Modification (AS 25.20.110) ☐ Dissolution

ARTICLE I: PARTIES AND CHILDREN

1.1 Parents

Parent A: [________________________________]

• Address: [________________________________], Alaska [____]
• Phone: [________________________________] | Email: [________________________________]
• Employer: [________________________________]
• On road system: ☐ Yes ☐ No | Nearest air hub: [________________________________]

Parent B: [________________________________]

• Address: [________________________________], Alaska [____]
• Phone: [________________________________] | Email: [________________________________]
• Employer: [________________________________]
• On road system: ☐ Yes ☐ No | Nearest air hub: [________________________________]

Distance between homes: [____] miles | Travel time: [________________________________]

1.2 Minor Children

1.3 ICWA Determination

☐ ICWA does not apply — no child is an Indian child under 25 U.S.C. § 1903(4)
☐ ICWA applies — Tribe(s): [________________________________] — Notice: ☐ Completed ☐ Pending

ARTICLE II: JOINT CUSTODY FRAMEWORK UNDER AS 25.20.090

2.1 Statutory Basis

The Parents request and agree to joint custody pursuant to AS 25.20.090. Alaska law recognizes that shared custody arrangements require parental cooperation, and the court considers the following statutory factors in evaluating joint custody:

1. The child's preference if of sufficient age and capacity
2. The needs of the child
3. Stability of the home environment offered by each parent
4. The education of the child
5. 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 proximity, feasibility of travel, special needs, and each parent's willingness to facilitate a close relationship with the other parent
7. Any evidence of domestic violence, child abuse, or child neglect
8. Evidence that substance abuse directly affects the child's well-being

2.2 Type of Joint Custody

☐ Joint Legal and Joint Physical Custody — Both Parents share decision-making authority AND the children spend substantially equal time with each Parent

☐ Joint Legal Custody with Primary Physical Custody — Both Parents share decision-making, but the children reside primarily with Parent [____]; the other Parent has substantial parenting time

☐ Joint Legal Custody with Specified Physical Custody Split — Decision-making shared; physical time allocated as: Parent A [____]% / Parent B [____]%

2.3 Parental Cooperation Requirement

Alaska courts require that parents awarded joint custody demonstrate the ability to cooperate effectively. The Parents affirm that they:

☐ Can communicate respectfully about the children's needs
☐ Can reach joint decisions on major issues affecting the children
☐ Will put the children's interests ahead of personal disagreements
☐ Will follow the decision-making and dispute resolution procedures in this Agreement
☐ Understand that a pattern of inability to cooperate may be grounds for modification to sole custody under AS 25.20.110

ARTICLE III: JOINT LEGAL CUSTODY — DECISION-MAKING

3.1 Shared Decision-Making

Both Parents shall consult and jointly decide all major decisions, including:

• Education: School enrollment, school changes, special education services, IEP participation, tutoring, and college planning
• Healthcare: Selection of medical/dental/vision providers, non-emergency treatments, medications, surgical procedures, and vaccinations
• Mental Health: Counseling, therapy, psychiatric treatment, and medication
• Religious Upbringing: Religious education, participation in religious activities, and ceremonies
• Extracurricular Activities: Sports teams, lessons, camps, and organized activities exceeding $[____] per season
• Travel: Out-of-state and international travel
• Legal Matters: Any legal proceedings involving the child
• Subsistence Activities: Participation in hunting, fishing, and gathering activities that involve overnight travel or significant distance from the child's home

3.2 Decision-Making Process

Step 1: The Parent proposing a decision shall notify the other Parent in writing (email, text, or co-parenting app).

Step 2: The notified Parent shall respond within [____] days. Failure to respond constitutes agreement with the proposal.

Step 3: If Parents disagree, they shall discuss the matter and attempt to reach consensus within [____] additional days.

Step 4: If no consensus is reached, Parents shall proceed to dispute resolution under Article IX.

3.3 Emergency Decisions

The Parent with physical custody may make emergency medical and safety decisions without prior consultation when delay would endanger the child. That Parent shall notify the other Parent within [____] hours and provide full details of the emergency, treatment provided, and any follow-up required.

3.4 Day-to-Day Decisions

Each Parent has authority to make routine daily decisions during their parenting time, including meals, bedtime, homework supervision, daily activities, and minor discipline. Neither Parent is required to consult the other on routine matters.

ARTICLE IV: JOINT PHYSICAL CUSTODY — PARENTING TIME

4.1 Schedule Selection

SELECT ONE:

☐ Option A: Equal Time — Week-on/Week-off (Parents in same community)

Rotation: Children alternate weekly between Parents

• Exchange day: ☐ Sunday ☐ Monday ☐ Friday at [____] AM/PM
• Exchange location: [________________________________]

☐ Option B: Equal Time — 2-2-3 Rotation (Parents in same community)

• Week 1: Parent A — Mon/Tues; Parent B — Wed/Thurs; Parent A — Fri/Sat/Sun
• Week 2: Parent B — Mon/Tues; Parent A — Wed/Thurs; Parent B — Fri/Sat/Sun
• Exchange time: After school or [____] PM
• Exchange location: [________________________________]

☐ Option C: Equal Time — 5-2-2-5 Rotation (Parents in same community)

• Parent A: Every Monday and Tuesday
• Parent B: Every Wednesday and Thursday
• Weekends (Friday–Sunday): Alternating
• Exchange time: After school or [____] PM

☐ Option D: Extended Alternating (Parents in different road-system communities)

• Parent A: [____] consecutive days/weeks
• Parent B: [____] consecutive days/weeks
• Exchange: At midpoint location [________________________________] or at [________________________________] airport

☐ Option E: School Year / Non-School Year Split (Parents in distant communities)

This schedule is appropriate when parents live far apart but both want substantial time:

• School Year (late Aug–mid May): Children reside with Parent [____] in [________________________________]
• Summer (mid May–mid Aug): Children reside with Parent [____] in [________________________________]
• Thanksgiving Break: Parent [____]
• Winter Break: Split — first half with Parent [____], second half with Parent [____]
• Spring Break: Parent [____] in ☐ even years ☐ odd years

☐ Option F: Custom Schedule

[________________________________]
[________________________________]
[________________________________]

4.2 Primary Residence for School Enrollment

Even in a joint physical custody arrangement, Alaska school districts require a primary address for enrollment purposes:

Primary address for school enrollment: [________________________________]
School District: [________________________________]
School: [________________________________]

This designation does not affect the equal status of both Parents under this joint custody agreement.

4.3 Exchange Logistics

Exchange Location:
☐ School (drop-off in morning / pick-up in afternoon)
☐ Parent [____]'s residence
☐ Neutral public location: [________________________________]
☐ Airport: ☐ ANC ☐ FAI ☐ JNU ☐ Other: [________________________________]

Exchange Time: [________________________________]

Transportation:
☐ Receiving parent picks up the children
☐ Delivering parent drops off the children
☐ Parents meet at midpoint: [________________________________]
☐ For air travel: Ticket purchased by Parent [____]; costs shared [____]% / [____]%

Late Pick-Up/Drop-Off: A Parent who will be late for an exchange shall notify the other Parent as soon as possible. If a Parent is more than [____] minutes late without notification, the other Parent may proceed with alternative arrangements.

4.4 Weather and Travel Contingencies (Alaska-Specific)

Given Alaska's climate and geography:

• If road conditions are unsafe for travel (winter storms, icy roads, road closures), the exchange may be delayed until safe travel is possible. Neither Parent shall be penalized for weather delays.
• If air travel is cancelled due to weather (common in bush Alaska), the child shall remain with the current custodial parent. Makeup time shall be provided within [____] days.
• Parents shall maintain flexible backup plans for weather-related disruptions.
• During extreme cold advisories (below -40°F), exchanges may be modified to minimize children's outdoor exposure.

ARTICLE V: HOLIDAY AND SEASONAL SCHEDULE

5.1 Holiday Allocation

Holidays supersede the regular parenting time schedule.

5.2 Alaska Seasonal Activities

☐ Subsistence Fishing: Either Parent may take the children during personal-use or subsistence fishery openings (e.g., Kenai dipnet, Chitina, Copper River) during their parenting time or by mutual agreement outside their scheduled time. [____] days' notice required.

☐ Hunting Season: Either Parent may include children in age-appropriate hunting activities during their parenting time. Additional time for hunting trips: [________________________________]

☐ Cultural Events: Children may attend AFN Convention, tribal events, potlatches, cultural camps, and community celebrations with either Parent. [____] days' notice required.

☐ Winter Activities: Iditarod start, Fur Rondy, and similar winter events — allocated to Parent [____] in even years and Parent [____] in odd years.

☐ State Fair (Palmer): Parent [____] in even years; Parent [____] in odd years.

5.3 Vacation Time

Each Parent is entitled to [____] weeks of uninterrupted vacation time per year with the children.

• Written notice of at least [____] days required
• Vacation time supersedes the regular schedule
• Neither Parent may schedule vacation during the other Parent's designated holiday time without consent
• Each Parent shall provide an itinerary and emergency contact information for out-of-town travel

ARTICLE VI: COMMUNICATION

6.1 Parent-Child Contact

During the other Parent's parenting time, each Parent shall have:
☐ Daily phone/video contact at approximately [________________________________]
☐ Reasonable contact at the child's initiation
☐ [____] scheduled calls per week

The Parent with the child shall facilitate contact and ensure the child has privacy during calls.

Rural/Bush Connectivity: If a Parent resides in a community with limited phone or internet service, the following alternative applies: [________________________________]

6.2 Parent-to-Parent Communication

☐ Direct communication (call, text, email)
☐ Co-parenting app: [________________________________]
☐ Email only (for documentation purposes)

Response time for non-emergency messages: [____] hours
Emergency contact: Immediate by any available means

6.3 Information Sharing and Access

Both Parents shall have equal and independent access to:

• All school records, report cards, and teacher communications
• All medical, dental, and mental health records
• Extracurricular activity information and schedules
• Insurance policy information

Both Parents shall be listed as authorized contacts and emergency contacts at school and with all medical providers.

Each Parent shall promptly inform the other of:

• Any illness or injury requiring medical attention
• School suspensions, expulsions, or significant behavioral issues
• Encounters with law enforcement
• Any OCS (Office of Children's Services) contact
• Any change in household members

ARTICLE VII: CHILD-REARING STANDARDS

7.1 Non-Disparagement

Neither Parent shall speak negatively about the other Parent, the other Parent's family, or household members in the children's presence. Neither Parent shall allow others to do so.

7.2 Consistent Standards

Parents shall maintain reasonable consistency between households regarding:

• Homework completion and academic expectations
• Age-appropriate bedtimes
• Screen time and social media limits
• Behavioral expectations and discipline (no corporal punishment)

7.3 Substance Use

Neither Parent shall use illegal substances or consume alcohol to impairment during parenting time or within [____] hours before receiving the children. Neither Parent shall allow any impaired person to care for the children.

7.4 Firearms Safety

All firearms shall be stored in a locked safe or with trigger locks, with ammunition stored separately, when children are present. Children may participate in supervised hunting and firearm safety activities with a parent when age-appropriate.

7.5 Outdoor and Wilderness Safety

Each Parent shall ensure:

• Proper cold-weather clothing and equipment in winter
• Bear awareness and safety precautions
• Water safety and supervision near bodies of water
• Emergency communication devices (satellite communicator, InReach, or similar) during wilderness activities
• Notification to the other Parent of any extended wilderness travel with the children

7.6 New Partners

Neither Parent shall introduce a new romantic partner to the children until the relationship has been stable for at least [____] months. Each Parent shall notify the other of any new adult member of their household within [____] days.

ARTICLE VIII: RELOCATION

8.1 Notice

Under AS 25.20.110 and Alaska relocation case law (Silvan v. Alcina, 105 P.3d 117 (Alaska 2005)), either Parent planning to relocate shall provide at least [____] days' written notice including:

• New address and community
• Reason for the move
• Proposed revised parenting schedule
• Proposed transportation arrangements

8.2 Consent or Court Approval

Same community move: Notice within [____] days of moving. No prior approval required.

Different community within Alaska (road system): ☐ Requires mutual agreement ☐ Requires court approval if it changes travel time by more than [____] hours

Off road system or out of state: Requires written consent of the other Parent or court approval. The court will evaluate the move under the nine best interest factors (AS 25.24.150(c)) and consider:

• Impact on joint custody feasibility
• Availability of transportation between communities
• Seasonal accessibility of the new community
• The relocating parent's willingness to facilitate continued contact

8.3 Failure to Agree

If Parents cannot agree on modifications necessitated by a proposed relocation, either may file a motion to modify under AS 25.20.110. The current schedule remains in effect until the court rules.

ARTICLE IX: DISPUTE RESOLUTION

Step 1 — Negotiation: Parents shall discuss disagreements directly and in good faith within [____] days.

Step 2 — Mediation: If negotiation fails, Parents shall attend mediation with a qualified Alaska family mediator. Cost: Parent A [____]% / Parent B [____]%.

Step 3 — Court: If mediation fails, either Parent may petition the Superior Court. The filing party shall certify that Steps 1 and 2 were attempted.

Emergency: Either Parent may seek emergency relief under Alaska Civil Rule 65 without completing the above steps when a child's immediate safety is at risk.

Arbitration (Limited): Financial disputes related to this Agreement (not custody or parenting time) may be submitted to binding arbitration by mutual written consent.

ARTICLE X: FINANCIAL PROVISIONS

10.1 Child Support

☐ Per Alaska Civil Rule 90.3 calculation — separate order
☐ Stipulated amount: $[________________________________] per month from Parent [____] to Parent [____]
☐ No child support due to equal time and substantially equal incomes

10.2 Health Insurance and Medical Costs

☐ Parent [____] maintains health/dental/vision insurance
☐ Unreimbursed medical expenses: shared ☐ equally ☐ proportionally — Parent A [____]% / Parent B [____]%
☐ Reimbursement due within [____] days of documentation

10.3 Childcare

☐ Shared ☐ equally ☐ proportionally: Parent A [____]% / Parent B [____]%
☐ Paid by Parent [____]
☐ Not applicable

10.4 Education and Extracurricular Costs

☐ Mutually agreed activities over $[____] — costs shared [____]% / [____]%
☐ Each Parent pays for activities during their time
☐ College savings: Each Parent contributes $[____] per month to [________________________________]

10.5 Transportation Costs

☐ Shared equally
☐ Parent A [____]% / Parent B [____]%
☐ Each parent pays to get child to their location
☐ Airline miles account maintained by Parent [____] for child travel

10.6 Permanent Fund Dividend (PFD)

Parent [____] shall file PFD applications for the children annually.
PFD allocation: ☐ Children's savings account ☐ Split equally ☐ Applied to children's expenses ☐ Other: [________________________________]

10.7 Tax Dependency

☐ Alternate years: Parent A claims in ☐ even ☐ odd years
☐ If multiple children: [________________________________]
☐ Parent [____] claims each year (conditioned on current child support payments)

ARTICLE XI: DOMESTIC VIOLENCE ACKNOWLEDGMENT

☐ Neither Parent has a history of domestic violence — AS 25.20.061 does not apply.

☐ History exists — see attached domestic violence provisions. The presumption under AS 25.20.061 ☐ has been rebutted by clear and convincing evidence ☐ does not apply to joint custody in this case because: [________________________________]

ARTICLE XII: PARENT EDUCATION

Both Parents shall complete Alaska's parent education requirement before entry of the final order.

Parent A: ☐ Listen 2 Kids About Divorce ☐ Children in Between ☐ Between Two Homes ☐ FLEC — Date: [__/__/____]
Parent B: ☐ Listen 2 Kids About Divorce ☐ Children in Between ☐ Between Two Homes ☐ FLEC — Date: [__/__/____]

Certificates filed with court: ☐ Yes ☐ Pending

ARTICLE XIII: GENERAL PROVISIONS

Governing Law: Alaska Statutes Title 25 and applicable Alaska case law.

Court Approval: This Agreement must be approved by the Superior Court and is effective upon entry of a court order incorporating it.

Modification: This Agreement may be modified by mutual written consent filed with the court, or by court order upon a showing of changed circumstances under AS 25.20.110.

Severability: If any provision is found unenforceable, the remaining provisions continue in full force.

Integration: This Agreement constitutes the complete custody arrangement between the Parents and supersedes all prior agreements regarding custody.

Counterparts and Electronic Signatures: This Agreement may be executed in counterparts. Electronic signatures are valid.

Annual Review: Parents agree to review this Agreement annually and discuss any needed adjustments.

ARTICLE XIV: SIGNATURES

IN WITNESS WHEREOF, the Parents have executed this Joint Custody Agreement.

Parent A:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Parent B:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF ALASKA )
) ss.
[____] JUDICIAL DISTRICT )

I, [________________________________], being duly sworn, state that I am a party to this Agreement and that all statements herein are true and correct to the best of my knowledge and belief.

Signature: _________________________________

SUBSCRIBED AND SWORN before me this [____] day of [________________________________], 20[____].

Notary Public for Alaska: _________________________________
My Commission Expires: [__/__/____]

ORDER OF THE COURT

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[________________________________] JUDICIAL DISTRICT AT [________________________________]

Case No.: [________________________________]

The Court has reviewed the foregoing Joint Custody Agreement and considered the factors under AS 25.20.090 and AS 25.24.150(c). The Court finds:

☐ Joint custody is in the best interests of the child(ren)
☐ Both Parents have demonstrated the ability to cooperate in co-parenting
☐ The Agreement was entered voluntarily by both Parents
☐ The Agreement adequately provides for the children's needs
☐ No domestic violence presumption applies, or if applicable, it has been addressed
☐ ICWA requirements have been met (if applicable)
☐ Parent education requirements have been satisfied

IT IS HEREBY ORDERED that this Joint Custody Agreement is APPROVED and incorporated as an order of this Court.

Date: [__/__/____]

_________________________________
Superior Court Judge
[________________________________] Judicial District

Sources and References

• AS 25.20.090 — Factors for consideration in awarding shared child custody
• AS 25.24.150(c) — Nine best interest factors for custody determination
• AS 25.20.060 — Petition for award of child custody
• AS 25.20.061 — Presumption against custody to perpetrator of domestic violence
• AS 25.24.150(g) — Rebuttable presumption regarding domestic violence
• AS 25.20.110 — Modification of child custody or visitation
• Alaska Civil Rule 90.3 — Child support guidelines
• Silvan v. Alcina, 105 P.3d 117 (Alaska 2005) — Relocation and best interest analysis
• 25 U.S.C. §§ 1901-1963 — Indian Child Welfare Act (ICWA)
• Alaska Court System — Parenting and Custody: https://courts.alaska.gov/shc/family/shcparenting.htm
• Alaska Court System — Family Law Forms: https://courts.alaska.gov/shc/family/shcforms.htm
• Parent Education Requirements: https://courts.alaska.gov/shc/family/shcparent-ed.htm