Alaska Temporary Custody Agreement

TEMPORARY CUSTODY AGREEMENT

State of Alaska — Superior Court

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

Type of Temporary Custody:
☐ Pending divorce or custody proceedings (AS 25.20.070)
☐ Parental emergency or incapacity (medical, mental health)
☐ Military deployment or activation
☐ Seasonal employment absence (commercial fishing, North Slope rotation, mining camp, tourism season)
☐ Voluntary temporary arrangement (extended travel, education, substance abuse treatment)
☐ Pending OCS (Office of Children's Services) investigation or safety plan
☐ Other: [________________________________]

ARTICLE I: PARTIES AND CHILDREN

1.1 Parent(s) Granting Temporary Custody

Parent A: [________________________________]

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

Parent B (if applicable): [________________________________]

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

☐ Both parents consent to this temporary arrangement
☐ Only Parent A consents (Parent B's status): ☐ Absent ☐ Unknown whereabouts ☐ Incarcerated ☐ Parental rights terminated ☐ Deceased ☐ Other: [________________________________]

1.2 Temporary Custodian

Name: [________________________________]
Relationship to child(ren): ☐ Grandparent ☐ Aunt/Uncle ☐ Sibling (adult) ☐ Other relative: [________________________________] ☐ Family friend ☐ Other parent ☐ Other: [________________________________]

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

For two-parent interim custody arrangements:
☐ This is a temporary custody agreement between two parents pending permanent resolution — the Temporary Custodian is Parent [____]

1.3 Minor Children

1.4 ICWA Determination

☐ ICWA does not apply
☐ ICWA applies — Tribe(s): [________________________________]

• Tribal notification: ☐ Completed ☐ Pending
• Tribal court notified: ☐ Yes ☐ No
• IMPORTANT: If an Alaska Native child is being placed with a non-parent, ICWA placement preferences and active efforts requirements may apply. Consult with the relevant tribe and an attorney experienced in ICWA matters.

ARTICLE II: DURATION AND TERMINATION

2.1 Effective Date

This Agreement is effective as of [__/__/____].

2.2 Termination

This temporary arrangement shall terminate upon the earliest of:

☐ Fixed End Date: [__/__/____]
☐ Event-Based Termination:
☐ Parent's return from military deployment
☐ Parent's return from seasonal employment (commercial fishing, North Slope rotation, mining camp)
☐ Parent's completion of substance abuse treatment program
☐ Parent's release from medical facility/hospital
☐ Parent's release from incarceration
☐ Entry of a permanent custody order by the Superior Court
☐ Resolution of divorce proceedings
☐ Completion of OCS safety plan
☐ Parent's return to Alaska from: [________________________________]
☐ Other: [________________________________]
☐ Written Notice: Parent provides [____] days' written notice of intent to resume custody
☐ Mutual Agreement: Written agreement of all parties to terminate early
☐ Court Order: Any court order superseding this Agreement

2.3 Maximum Duration

This Agreement shall not exceed [____] months without renewal or court approval. If the circumstances requiring temporary custody continue beyond the stated termination date, the parties shall:
☐ Renew this Agreement in writing
☐ Seek a court order for extended temporary or permanent custody
☐ File a formal custody petition under AS 25.20.060

2.4 Automatic Renewal (if applicable)

☐ Not applicable — this Agreement expires on the termination date
☐ This Agreement automatically renews for [____]-month periods unless a party provides [____] days' written notice of non-renewal

ARTICLE III: REASON FOR TEMPORARY CUSTODY

3.1 Circumstances

The Parent(s) are granting temporary custody because:

☐ Military Deployment/Activation: Parent [________________________________] is deploying to [________________________________] from approximately [__/__/____] to [__/__/____]. Under AS 25.20.110, temporary military deployment may not be used as the sole basis for permanent modification of custody.

☐ Seasonal Employment: Parent [________________________________] will be employed at [________________________________] (e.g., Bristol Bay fishing, North Slope oil field rotation, Denali tourism season, mining camp) from approximately [__/__/____] to [__/__/____]. The nature of the work requires extended absence from the child's home community.

☐ Medical Treatment: Parent [________________________________] requires medical treatment at [________________________________] (note: many Alaskans must travel to Anchorage, Seattle, or other cities for specialized care) from approximately [__/__/____] to [__/__/____].

☐ Substance Abuse Treatment: Parent [________________________________] is entering treatment at [________________________________] from approximately [__/__/____] to [__/__/____].

☐ Pending Litigation: Divorce or custody proceedings are pending — Case No.: [________________________________]. This arrangement provides interim stability until permanent orders are entered.

☐ OCS Safety Plan: The Office of Children's Services has recommended this arrangement as part of a safety plan. OCS caseworker: [________________________________], Phone: [________________________________].

☐ Parent Incarceration: Parent [________________________________] is incarcerated at [________________________________] with expected release date of [__/__/____].

☐ Other: [________________________________]

ARTICLE IV: TEMPORARY CUSTODY AUTHORITY

4.1 Type of Temporary Custody

☐ Option A: Physical Custody Only — Parent Retains Legal Custody
The Temporary Custodian has physical custody and day-to-day care. The Parent retains all legal custody and major decision-making authority. The Temporary Custodian must consult the Parent before any major decision.

☐ Option B: Physical and Limited Legal Custody
The Temporary Custodian has physical custody and authority to make the following decisions without prior parental consultation:
☐ Routine medical care (well-child visits, minor illness treatment)
☐ Emergency medical care
☐ School enrollment and daily educational matters
☐ Extracurricular activity enrollment
☐ Day-to-day decisions (meals, bedtime, activities, discipline)
☐ Other: [________________________________]

The Parent retains authority over:
☐ Non-emergency medical procedures and surgeries
☐ Mental health treatment
☐ Religious upbringing
☐ Travel outside Alaska
☐ Changes in school enrollment
☐ Other: [________________________________]

☐ Option C: Full Temporary Physical and Legal Custody
The Temporary Custodian has full temporary custody including all decision-making authority. This option is appropriate when the Parent is unavailable for consultation (e.g., deployment to area without communication, incapacitation).

☐ Option D: Shared Temporary Custody Between Parents
During these proceedings, custody is temporarily allocated as:

• Physical custody: Parent [____] has the children ☐ primarily ☐ per the following schedule: [________________________________]
• Legal custody: ☐ Joint — both Parents consult ☐ Temporary sole to Parent [____]

4.2 Specific Authority Granted to Temporary Custodian

The Temporary Custodian is authorized to:

☐ Enroll the child(ren) in school in [________________________________] School District
☐ Consent to routine and emergency medical, dental, and vision care
☐ Obtain prescription medications
☐ Access and receive the child(ren)'s school records
☐ Access and receive the child(ren)'s medical records
☐ Travel within Alaska with the child(ren)
☐ Travel outside Alaska with the child(ren) (requires: ☐ Parent's prior written consent ☐ No restriction)
☐ Apply for the child(ren)'s Permanent Fund Dividend (PFD)
☐ Apply for Denali KidCare or other state benefits on the child(ren)'s behalf
☐ Represent the child(ren) at school conferences and IEP meetings
☐ Consent to the child(ren)'s participation in subsistence activities (fishing, hunting, gathering)
☐ Other: [________________________________]

4.3 Power of Attorney for Minor

☐ A separate Power of Attorney for Care of a Minor (per AS 13.26.035) ☐ is attached ☐ will be executed to supplement this Agreement for purposes of school enrollment, medical care, and other third-party interactions.

ARTICLE V: CHILDREN'S RESIDENCE AND CARE

5.1 Temporary Residence

The children shall reside with the Temporary Custodian at:
[________________________________]
City/Community: [________________________________], Alaska [____]

5.2 School Enrollment

☐ Children shall continue at their current school: [________________________________]
☐ Children shall be enrolled in [________________________________] School in [________________________________] School District
☐ School enrollment is not applicable (children are not school-age or it is summer)

5.3 Medical Care

Primary Care Provider: [________________________________]
Dentist: [________________________________]
Specialists (if any): [________________________________]
Pharmacy: [________________________________]

Health Insurance: ☐ Maintained by Parent [____] through [________________________________]
Insurance ID: [________________________________]
Denali KidCare/Medicaid: ☐ Yes — ID: [________________________________] ☐ No ☐ Application pending

Known Medical Conditions: [________________________________]
Current Medications: [________________________________]
Allergies: [________________________________]

5.4 Special Provisions for Children's Well-Being

☐ Child is currently in counseling/therapy with: [________________________________] — Temporary Custodian shall continue appointments
☐ Child has special education needs/IEP — details: [________________________________]
☐ Child participates in cultural or tribal activities — the Temporary Custodian shall facilitate continued participation in: [________________________________]
☐ Child has dietary restrictions: [________________________________]
☐ Other: [________________________________]

ARTICLE VI: PARENT-CHILD CONTACT DURING TEMPORARY CUSTODY

6.1 Communication Schedule

The Parent(s) shall maintain contact with the child(ren) as follows:

☐ Phone/video calls: ☐ Daily ☐ [____] times per week at approximately [________________________________]
☐ In-person visits: [________________________________] (frequency and duration)
☐ Letters/packages: The Temporary Custodian shall ensure the children receive mail from the Parent
☐ Limited contact available: Due to the Parent's circumstances (deployment, treatment, remote employment), contact shall occur as: [________________________________]
☐ No contact at this time: Due to: [________________________________]

For Parents in remote/bush locations or at sea (commercial fishing, North Slope):
☐ Contact when satellite phone or internet is available
☐ Weekly email check-ins at minimum
☐ VHF radio contact through: [________________________________]
☐ Messages relayed through: [________________________________]

6.2 Visitation by Non-Custodial Parent (if two-parent arrangement)

If this is a temporary arrangement between two parents pending permanent orders:
☐ Non-residential Parent has the following interim visitation: [________________________________]
☐ Holiday schedule during temporary period: [________________________________]
☐ See attached interim parenting schedule

6.3 Visits by Other Family Members

The Temporary Custodian shall facilitate reasonable contact between the children and:
☐ Grandparents: [________________________________]
☐ Siblings not covered by this Agreement: [________________________________]
☐ Extended family/tribal community members: [________________________________]
☐ Other: [________________________________]

ARTICLE VII: FINANCIAL PROVISIONS

7.1 Financial Support During Temporary Custody

☐ The Parent shall pay $[________________________________] per ☐ week ☐ month to the Temporary Custodian for the children's expenses
☐ The Parent shall continue paying directly for: ☐ Health insurance ☐ School tuition ☐ Extracurriculars ☐ Other: [________________________________]
☐ The Temporary Custodian assumes all day-to-day expenses during the temporary period
☐ Child support per existing court order — Case No.: [________________________________]

7.2 Health Insurance

☐ Maintained by Parent [____] — policy info provided to Temporary Custodian
☐ Temporary Custodian to enroll children in Denali KidCare during temporary period
☐ Other: [________________________________]

7.3 Unreimbursed Medical Expenses

☐ Parent pays all
☐ Shared: Parent [____]% / Temporary Custodian [____]%
☐ Temporary Custodian pays during temporary period with reimbursement from Parent

7.4 Travel Costs for Parent-Child Visits

☐ Parent pays all travel costs
☐ Shared: Parent [____]% / Temporary Custodian [____]%
☐ Airline miles account: [________________________________]

7.5 PFD (Permanent Fund Dividend)

☐ Parent [____] shall file PFD application for the children
☐ Temporary Custodian is authorized to file PFD application
☐ PFD funds shall be: ☐ Deposited in children's account ☐ Applied to children's expenses ☐ Held by Parent ☐ Other: [________________________________]

ARTICLE VIII: RESTRICTIONS ON TEMPORARY CUSTODIAN

The Temporary Custodian shall NOT:

☐ Relocate the children outside of [________________________________] without the Parent's written consent or court order
☐ Delegate custody to any third party (except normal childcare arrangements) without the Parent's consent
☐ Allow the children to have contact with [________________________________] (specify restricted persons, if any)
☐ Make permanent changes to the children's living situation, school, or medical providers without authorization
☐ Apply for changes to the children's tribal enrollment without parental consent
☐ Consent to the children's marriage, military enlistment, or other life-altering decisions
☐ Use corporal punishment
☐ Use illegal substances or consume alcohol to impairment while caring for the children

Firearms Safety:
All firearms in the Temporary Custodian's home shall be stored in a locked safe with ammunition stored separately, inaccessible to the children.

ARTICLE IX: RETURN OF CHILDREN

9.1 Transition Back to Parent

Upon termination of this Agreement:

☐ Immediate Return: The Temporary Custodian shall return the children to the Parent within [____] days of the termination event.

☐ Gradual Transition: The children shall transition back to the Parent's full custody according to the following schedule:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3+: [________________________________]

☐ Coordinated with Court: Return of custody shall be coordinated with the entry of permanent custody orders.

9.2 Failure to Return

If the Temporary Custodian fails or refuses to return the children upon termination, the Parent may:

• Seek immediate court intervention and emergency relief
• Contact law enforcement
• File a motion for contempt of court (if this Agreement is court-ordered)
• Pursue any other remedy available under Alaska law

9.3 If Parent Cannot Resume Custody

If the Parent is unable to resume custody at the scheduled termination:
☐ This Agreement automatically extends for [____] days while alternative arrangements are made
☐ The Temporary Custodian shall notify OCS if the Parent cannot be located or is unable to provide care
☐ The Temporary Custodian may petition for extended temporary or permanent custody under AS 25.20.060
☐ Other: [________________________________]

ARTICLE X: DOMESTIC VIOLENCE PROVISIONS

☐ Not applicable

☐ Applicable: This temporary custody arrangement is related to domestic violence.
☐ Active protective order — Case No.: [________________________________]
☐ The parent who committed DV shall have: ☐ No contact with children ☐ Supervised visitation only ☐ Contact as follows: [________________________________]
☐ The AS 25.24.150(g)–(j) rebuttable DV custody presumption applies to any permanent custody determination
☐ Safety planning: [________________________________]

ARTICLE XI: DISPUTE RESOLUTION

Between Parent and Temporary Custodian:
Step 1: Direct communication to resolve disagreements
Step 2: Mediation with a qualified Alaska family mediator
Step 3: Court intervention — Superior Court for the [________________________________] Judicial District

Emergency: Either party may seek immediate court relief under Alaska Civil Rule 65.

Between Two Parents (interim arrangement):
Step 1: Direct communication
Step 2: Mediation
Step 3: Court motion — the standing order for the judicial district governs interim disputes

ARTICLE XII: GENERAL PROVISIONS

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

Temporary Nature: This Agreement is explicitly temporary. It does not:

• Constitute a permanent change in custody
• Establish presumptions for future custody determinations
• Constitute abandonment of parental rights
• Affect the Parent's legal status as the child's parent

Court Filing: ☐ This Agreement will be filed with the Superior Court for approval ☐ This is a private agreement between the parties (not court-filed) ☐ This Agreement is filed as part of pending Case No.: [________________________________]

Power of Attorney: ☐ A separate Power of Attorney for Care of a Minor is attached as Exhibit A

Severability: If any provision is unenforceable, the remaining provisions remain in effect.

Amendment: This Agreement may be modified by written agreement of all parties.

Notice: All notices shall be sent to the addresses listed in Article I.

ARTICLE XIII: SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Temporary Custody Agreement.

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

Parent B (if applicable):
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Temporary Custodian:
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 (IF FILED)

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

Case No.: [________________________________]

The Court has reviewed the foregoing Temporary Custody Agreement and finds:

☐ Temporary custody is in the best interests of the child(ren) under AS 25.24.150(c)
☐ The arrangement is necessary due to the circumstances described herein
☐ The temporary arrangement is appropriately limited in duration
☐ The arrangement preserves the Parent's rights and provides for resumption of custody
☐ ICWA requirements have been addressed (if applicable)
☐ Domestic violence provisions are adequate (if applicable)

IT IS HEREBY ORDERED that this Temporary Custody Agreement is APPROVED as an interim order of this Court, effective from [__/__/____] through [__/__/____] or until further order of this Court.

Date: [__/__/____]

_________________________________
Superior Court Judge
[________________________________] Judicial District

Sources and References

• AS 25.20.070 — Temporary custody of the child
• AS 25.20.060 — Petition for award of child custody
• AS 25.24.150(c) — Nine best interest factors
• AS 25.20.061 — Visitation in proceedings involving domestic violence
• AS 25.24.150(g)–(j) — Rebuttable presumption against awarding custody to a parent with a history of perpetrating domestic violence
• AS 25.20.110 — Modification of custody or visitation (military deployment provision)
• AS 13.26.035 — Powers of attorney for care of minor
• AS 18.66 — Domestic Violence Prevention and Victim Protection
• Alaska Civil Rule 65 — Injunctions and temporary restraining orders
• 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 — Family Law Forms: https://courts.alaska.gov/shc/family/shcforms.htm
• Office of Children's Services (OCS): https://health.alaska.gov/ocs/
• Parent Education Requirements: https://courts.alaska.gov/shc/family/shcparent-ed.htm
• Denali KidCare: https://health.alaska.gov/dhcs/Pages/default.aspx