SOLE CUSTODY AGREEMENT

State of Alaska — Superior Court

Case No.: [____] [________________________________]
Judicial District: ☐ First (Juneau/Ketchikan/Sitka) ☐ Second (Barrow/Nome/Kotzebue) ☐ Third (Anchorage/Palmer/Kenai) ☐ Fourth (Fairbanks/Bethel)
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 Custodial Parent

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

1.2 Non-Custodial Parent

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

Distance between Parents' residences: [____] miles
Travel between residences: ☐ Road ([____] hours) ☐ Air ([____] hours, via [________________________________]) ☐ Both options available ☐ Air only (no road connection)

1.3 Minor Children

1.4 ICWA Determination

☐ ICWA does not apply
☐ ICWA applies — Tribe(s): [________________________________]
- Tribal notification: ☐ Completed ☐ Pending
- Tribal court jurisdiction: ☐ Exercised ☐ Declined ☐ Pending

ARTICLE II: GROUNDS FOR SOLE CUSTODY

2.1 Statutory Basis

Sole custody is awarded under AS 25.20.060 and AS 25.24.150 based on the best interests of the child(ren). The Parents stipulate, or the Court has found, that sole custody to the Custodial Parent serves the children's best interests for the following reasons:

☐ Domestic Violence (AS 25.20.061): The Non-Custodial Parent has committed domestic violence, triggering the rebuttable presumption against custody under AS 25.20.061. Specifically:
☐ One or more acts of domestic violence involving serious physical injury
☐ More than one act of domestic violence
☐ Protective order issued — Case No.: [________________________________]
☐ Criminal conviction related to DV — Case No.: [________________________________]

☐ Substance Abuse (AS 25.24.150(c)(8)): Evidence that substance abuse by the Non-Custodial Parent directly affects the children's emotional or physical well-being: [________________________________]

☐ Geographic Separation: Parents reside in distant Alaska communities with limited transportation options, making shared custody impractical. Specifically: [________________________________]

☐ Inability to Cooperate: The Parents have demonstrated an inability to cooperate sufficiently for joint custody under AS 25.20.090: [________________________________]

☐ Child's Preference (AS 25.24.150(c)(3)): The child(ren) of sufficient age and capacity have expressed a preference: [________________________________]

☐ Parent Absence or Unavailability: The Non-Custodial Parent is unavailable due to: ☐ Incarceration ☐ Military deployment ☐ Extended work absence (seasonal employment, commercial fishing, North Slope rotation) ☐ Unknown whereabouts ☐ Other: [________________________________]

☐ Child Abuse or Neglect (AS 25.24.150(c)(7)): OCS involvement or findings: [________________________________]

☐ Parental Agreement: Both Parents voluntarily agree that sole custody serves the children's best interests because: [________________________________]

☐ Other: [________________________________]

2.2 Best Interest Factors — AS 25.24.150(c) Analysis

(1) Physical, emotional, mental, religious, and social needs of the child(ren):
[________________________________]

(2) Capability and desire of each parent to meet those needs:
Custodial Parent: [________________________________]
Non-Custodial Parent: [________________________________]

(3) Child's preference (if of sufficient age and capacity):
☐ Not applicable (child under 10) ☐ Child states: [________________________________]

(4) Love and affection existing between the child and each parent:
[________________________________]

(5) Stability of environment and desirability of maintaining continuity:
[________________________________]

(6) Willingness to facilitate relationship with the other parent:
[________________________________]

(7) Domestic violence, child abuse, or child neglect:
☐ None ☐ As described in Section 2.1

(8) Substance abuse directly affecting the child:
☐ None ☐ As described in Section 2.1

(9) Other pertinent factors (including Alaska-specific considerations):
[________________________________]

ARTICLE III: SOLE LEGAL CUSTODY

3.1 Authority

The Custodial Parent has sole legal custody and exclusive authority to make all major decisions regarding the children, including:

• Education: enrollment, school selection, special education, tutoring, and educational programs
• Healthcare: selection of providers, medical treatments, medications, dental and vision care, vaccinations, and surgical procedures
• Mental Health: counseling, therapy, psychiatric treatment, and medication
• Religious Upbringing: religious education, practice, and ceremonies
• Extracurricular Activities: sports, lessons, clubs, and organized activities
• Travel: domestic and international travel
• Legal Matters: any proceedings involving the children
• Subsistence Activities: participation in hunting, fishing, and gathering activities

3.2 Consultation (Optional)

☐ The Custodial Parent ☐ shall ☐ may, but is not required to, consult the Non-Custodial Parent before making major decisions.

☐ The Custodial Parent shall notify the Non-Custodial Parent within [____] days of making a major decision.

☐ No consultation or notification is required due to: [________________________________]

3.3 Emergency Decisions

The Custodial Parent may make all emergency decisions without any obligation to consult the Non-Custodial Parent. The Custodial Parent shall notify the Non-Custodial Parent of emergencies involving the children within [____] hours when possible.

ARTICLE IV: SOLE PHYSICAL CUSTODY

4.1 Primary Residence

The children shall reside primarily with the Custodial Parent at:
[________________________________]
City/Community: [________________________________], Alaska [____]

School District: [________________________________]
School: [________________________________]

4.2 Custodial Authority

The Custodial Parent has full authority over the children's daily care, routines, activities, and discipline during all times except the Non-Custodial Parent's scheduled parenting time.

ARTICLE V: NON-CUSTODIAL PARENT'S PARENTING TIME

5.1 Visitation Schedule

SELECT ONE:

☐ Option A: Standard Visitation (Parents in same community)

☐ Alternating weekends: Friday at [____] PM to Sunday at [____] PM
☐ Mid-week visit: Every [________________________________] from [____] PM to [____] PM
☐ Overnight mid-week: ☐ Yes ☐ No
☐ Summer: [____] non-consecutive weeks with [____] days' notice
☐ Holiday schedule per Section 5.3

☐ Option B: Expanded Visitation (Parents in same community, no safety concerns)

☐ Alternating weekends: Friday after school to Monday morning
☐ Two mid-week evenings: [________________________________] from after school to [____] PM
☐ Summer: [____] weeks (consecutive or split) with [____] days' notice
☐ Holiday schedule per Section 5.3

☐ Option C: Long-Distance Alaska Visitation (Parents in different communities)

School Year:
☐ [____] visit(s) per month, each lasting [____] days, at Non-Custodial Parent's expense
☐ Monthly extended weekend visits when air travel is available
☐ Video/phone calls: ☐ Daily ☐ [____] times per week at [________________________________]

Extended Breaks:
- Thanksgiving: [________________________________]
- Winter Break: [________________________________]
- Spring Break: [________________________________]
- Summer: [____] weeks from approximately [________________________________] to [________________________________]

Travel provisions: The Non-Custodial Parent ☐ shall travel to the child's community ☐ the child shall travel to the Non-Custodial Parent's community ☐ alternate arrangement: [________________________________]

☐ Option D: Supervised Visitation

This option applies when safety concerns exist (DV, substance abuse, mental health, etc.):

☐ Professional supervised visitation at: [________________________________]
- Frequency: [____] visits per month, each lasting [____] hours
- Cost paid by: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]

☐ Supervised by approved individual: [________________________________]
- Relationship to family: [________________________________]
- Frequency: [________________________________]

☐ Therapeutic visitation with licensed therapist: [________________________________]
- Frequency: [________________________________]

Conditions for supervised visitation:
☐ Non-Custodial Parent shall be sober and drug-free (testing may be required)
☐ Non-Custodial Parent shall not discuss legal proceedings with the children
☐ Non-Custodial Parent shall follow all supervisor directives
☐ Non-Custodial Parent shall not remove children from the supervised location
☐ Other: [________________________________]

Transition from supervised to unsupervised visitation:
The Non-Custodial Parent may petition for unsupervised visitation upon demonstrating:
☐ Completion of batterers' intervention program (if AS 25.20.061 applies)
☐ [____] months of sobriety with documented testing
☐ Completion of parenting education program
☐ Positive report from supervisor or therapist
☐ No new incidents of domestic violence or substance abuse
☐ Other: [________________________________]

☐ Option E: No Visitation

☐ The Non-Custodial Parent shall have no visitation at this time due to: [________________________________]
☐ The Non-Custodial Parent may petition the court to establish visitation upon showing: [________________________________]

☐ Option F: Custom Schedule

[________________________________]
[________________________________]

5.2 Exchange Logistics

Exchange Location:
☐ Custodial Parent's residence
☐ School
☐ Neutral public location: [________________________________]
☐ Police station lobby (for safety concerns)
☐ Airport: ☐ ANC ☐ FAI ☐ JNU ☐ Other: [________________________________]
☐ Supervised exchange site: [________________________________]

Transportation:
☐ Non-Custodial Parent picks up and returns children
☐ Custodial Parent provides transportation
☐ Parents share transportation
☐ Non-Custodial Parent pays all transportation costs
☐ Transportation costs shared: Custodial [____]% / Non-Custodial [____]%

Alaska-Specific Travel:
☐ Airline mileage account for child travel maintained by: [________________________________]
☐ Unaccompanied minor services for children age [____]+
☐ Weather delay protocol: Child remains with current parent; makeup time within [____] days
☐ Winter road travel: If road conditions are hazardous, exchange postponed until safe travel is possible

5.3 Holiday Schedule

☐ Subsistence activities: Custodial Parent may include children in subsistence fishing, hunting, and gathering during any period. Non-Custodial Parent may include children in subsistence activities during their scheduled parenting time.

☐ Cultural events (AFN, potlatches, tribal celebrations): [________________________________]

5.4 Vacation Time

Custodial Parent: May travel with the children at any time during their custodial periods. Shall provide the Non-Custodial Parent with itinerary and emergency contact for out-of-state travel with [____] days' notice.

Non-Custodial Parent: Entitled to [____] weeks of vacation per year with the children, with [____] days' advance written notice. Vacation shall not conflict with the children's school schedule without the Custodial Parent's consent.

ARTICLE VI: COMMUNICATION

6.1 Parent-Child Contact During Custodial Time

The Custodial Parent shall facilitate reasonable communication between the Non-Custodial Parent and the children:
☐ Daily phone/video contact at approximately [________________________________]
☐ [____] calls per week at [________________________________]
☐ Reasonable contact at the child's request

Rural connectivity: If either parent resides in a community with limited phone/internet service: [________________________________]

6.2 Parent-to-Parent Communication

☐ Direct communication (phone/text/email)
☐ Co-parenting app: [________________________________]
☐ Written communication only (email/app)
☐ Through attorneys only (high-conflict/DV situations)

6.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within [____] hours of:
- Any emergency, hospitalization, or serious injury involving the children
- Any encounter with law enforcement involving the children
- Any OCS contact
- Any school suspension or expulsion

6.4 Information Access

The Non-Custodial Parent shall have independent access to:
☐ School records and report cards (directly from the school)
☐ Medical, dental, and mental health records (directly from providers)
☐ Notification of school events and activities
☐ No access to records (only if court-ordered restriction due to safety concerns)

ARTICLE VII: RELOCATION

7.1 Custodial Parent Relocation

Within same community: The Custodial Parent may relocate within the same community with [____] days' written notice to the Non-Custodial Parent.

Within Alaska — same road-system region: Notice of [____] days required. ☐ Consent or court approval required if it substantially impacts Non-Custodial Parent's visitation ☐ Notice only

Within Alaska — different region or off road system: Requires written consent of the Non-Custodial Parent or court approval under AS 25.20.110. The court shall consider the factors in AS 25.24.150(c) and the impact on the Non-Custodial Parent's relationship with the children, per Silvan v. Alcina, 105 P.3d 117 (Alaska 2005).

Out of Alaska: Requires written consent of the Non-Custodial Parent or court approval.

7.2 Relocation Notice Contents

Written notice shall include:
1. Proposed new address and community
2. Date of proposed move
3. Reason for the relocation
4. Proposed revised visitation schedule
5. Transportation plan and cost proposal
6. Impact on the children's school, activities, and community connections

ARTICLE VIII: DOMESTIC VIOLENCE PROVISIONS

☐ Not applicable — No domestic violence history.

☐ Applicable — The following provisions are in effect:

AS 25.20.061 Presumption:
☐ The presumption against custody to the Non-Custodial Parent has been applied
☐ The Non-Custodial Parent has not overcome the presumption
☐ The Non-Custodial Parent has overcome the presumption by demonstrating: [________________________________]

Active Protective Orders:
☐ None
☐ Protective order — Case No.: [________________________________], Expires: [__/__/____]
☐ The Non-Custodial Parent shall comply with all protective order provisions

Conditions:
☐ No contact with the Custodial Parent except through: [________________________________]
☐ No contact with the children except during supervised visitation
☐ No alcohol or drug use within [____] hours of visitation
☐ Random drug/alcohol testing: ☐ Yes — Provider: [________________________________]
☐ Ongoing attendance at batterers' intervention program
☐ Ongoing mental health treatment
☐ Other: [________________________________]

ARTICLE IX: ICWA AND TRIBAL CONSIDERATIONS

☐ Not applicable

☐ Applicable:
- Tribe(s): [________________________________]
- ICWA notice provided: ☐ Yes ☐ Pending
- Tribal court: ☐ Has exercised jurisdiction ☐ Declined jurisdiction ☐ Pending
- Qualified expert witness testimony provided per ICWA standards: ☐ Yes ☐ N/A
- Active efforts to prevent the breakup of the Indian family documented: ☐ Yes ☐ N/A

ARTICLE X: FINANCIAL PROVISIONS

10.1 Child Support

☐ Per Alaska Civil Rule 90.3 — separate order
☐ Non-Custodial Parent pays $[________________________________] per month
☐ Child support calculation worksheet attached

10.2 Health Insurance

☐ Parent [____] maintains health/dental/vision insurance
☐ Unreimbursed expenses: ☐ Custodial Parent pays all ☐ Shared — Custodial [____]% / Non-Custodial [____]%

10.3 Childcare and Education Costs

☐ Custodial Parent pays ☐ Shared: Custodial [____]% / Non-Custodial [____]%

10.4 Transportation Costs for Visitation

☐ Non-Custodial Parent pays all
☐ Shared: Custodial [____]% / Non-Custodial [____]%
☐ Airline miles account maintained by: [________________________________]

10.5 PFD (Permanent Fund Dividend)

Parent [____] files PFD applications.
Allocation: ☐ Children's savings ☐ Applied to expenses ☐ To Custodial Parent ☐ Split ☐ Other: [________________________________]

10.6 Tax Dependency

☐ Custodial Parent claims each year
☐ Alternating: Custodial claims ☐ even ☐ odd years
☐ Other: [________________________________]

ARTICLE XI: DISPUTE RESOLUTION

Step 1 — Written Communication: The party raising the dispute shall provide written notice describing the issue.

Step 2 — Mediation: Parents shall attend mediation before seeking court intervention, except in emergencies or when domestic violence makes mediation inappropriate.

Step 3 — Court: Either party may petition the Superior Court. The filing party shall certify that Step 2 was attempted (or that the DV exception applies).

Emergency: Either parent may seek emergency relief under Alaska Civil Rule 65 when the children's immediate safety or welfare is at risk.

ARTICLE XII: PARENT EDUCATION

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: ☐ Yes ☐ Pending

ARTICLE XIII: COVENANTS AND RESTRICTIONS

13.1 Non-Disparagement

Neither parent shall speak negatively about the other parent or their household in the children's presence.

13.2 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the children's primary residence.

13.3 No Parental Alienation

Neither parent shall engage in conduct designed to alienate the children from the other parent.

13.4 Substance Use

Neither parent shall use illegal substances or consume alcohol to impairment during parenting time or within [____] hours before receiving the children.

13.5 Firearms Safety

All firearms stored in locked safe with trigger locks; ammunition stored separately. Children shall not have unsupervised access. Supervised hunting activities permitted when age-appropriate.

13.6 Outdoor Safety

Each parent shall ensure proper cold-weather gear, bear safety precautions, water safety, and emergency communication devices during wilderness activities with the children.

13.7 Timely Return

The Non-Custodial Parent shall return the children at the scheduled time and location. Late returns without notice constitute a material breach.

ARTICLE XIV: GENERAL PROVISIONS

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

Court Approval: Effective upon entry of a court order incorporating this Agreement.

Modification: By written agreement filed with the court, or court order under AS 25.20.110 (change in circumstances).

Severability: Invalid provisions do not affect remaining provisions.

Integration: This Agreement constitutes the complete custody arrangement.

Counterparts: May be executed in counterparts; electronic signatures valid.

ARTICLE XV: SIGNATURES

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

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

Non-Custodial Parent:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

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

I, [________________________________], being duly sworn, state that the statements in this Agreement 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 Sole Custody Agreement and considered the nine best interest factors under AS 25.24.150(c). The Court finds:

☐ Sole custody to the Custodial Parent is in the best interests of the child(ren)
☐ The visitation schedule adequately provides for the child(ren)'s relationship with the Non-Custodial Parent, or visitation restrictions are warranted
☐ The AS 25.20.061 domestic violence presumption ☐ applies and has not been overcome ☐ applies and has been overcome ☐ does not apply
☐ The Agreement was entered voluntarily
☐ ICWA requirements met (if applicable)
☐ Parent education requirements satisfied

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

Date: [__/__/____]

_________________________________
Superior Court Judge
[________________________________] Judicial District

Sources and References

• AS 25.20.060 — Petition for award of child custody
• AS 25.24.150(c) — Nine best interest factors
• AS 25.20.061 — Presumption against custody to perpetrator of domestic violence
• AS 25.24.150(g) — Rebuttable presumption regarding DV
• AS 25.24.152 — Visitation in the best interests of the child
• AS 25.20.110 — Modification of child custody or visitation
• AS 18.66 — Domestic Violence Prevention and Victim Protection
• Alaska Civil Rule 90.3 — Child support guidelines
• Silvan v. Alcina, 105 P.3d 117 (Alaska 2005) — Relocation factors
• 25 U.S.C. §§ 1901-1963 — Indian Child Welfare Act (ICWA)
• Alaska Court System — Custody: https://courts.alaska.gov/shc/family/shcparenting.htm
• Alaska Court System — DV Resources: https://courts.alaska.gov/shc/dv/
• Alaska Law Help — Best Interests: https://alaskalawhelp.org/resource/the-best-interests-of-the-child
• Parent Education Requirements: https://courts.alaska.gov/shc/family/shcparent-ed.htm