Parenting Plans

If you have children, your case may be complicated and emotionally difficult. You will need to proceed carefully so that you minimize the stress to your children. Below you will find a number of resources to help you with the legal and emotional aspects of going through this break-up.

While each court provides slightly different resources to parents, every court is very concerned about the welfare of your children and tries to work with the local community to help your family find the resources to get through this difficult time. For instance, your court may show a video such as Listen to the Children, or it may have a parenting class. Please check Required Court Sponsored Classes and/or Videos for Parents to find out what is required at your court. Your local court might also be able to give you information about additional programs and assistance in your community.

Now that you and the other parent have split up, you will need to make a plan of how you will parent your child(ren), i.e. schedules, who's responsible for which decisions, travel, etc. This scheduling information is what the court needs to enter a custody and visitation order. BUT making a parenting plan is not just about scheduling, it is also a time to begin figuring out how you will parent your child during this time of change for your family and into the future.

Parenting Resources
Some helpful websites for parents during this time of change include:

Proud to Parent: a free confidential website to help unmarried parents at www.ProudToParent.org.

Up to Parents: a free confidential website to help divorced and divorcing parents at www.uptoparents.org/.

While We Heal: a free confidential website to help parents working through marital or relationship difficulties at www.whileweheal.org/.

Employee Assistance Programs: your employer may offer free counseling services with licensed professionals who can help you develop ideas for parenting during this time of change. Check with your HR department.

Scheduling Resources
It takes time and creativity to make the actual schedule, which is what the judge needs to issue a court order. When reviewing your proposal, the judge will want to know how and why the schedule is in your child(ren)'s best interest, which is the legal standard.

You need to think realistically about your schedule, the other parents schedule and your child(ren)s needs. The following sample scheduling chart can help you work out a weekly plan:

Weekly Scheduling Chart, SHC-1132 Word | PDF

Dont be afraid to try a few different options. Sometimes, adjusting just a few hours a week can really help reduce parental conflict.

When thinking about the schedule for school age children, use your the local school calendar so that youll know vacation dates etc. School calendars are also very handy because they provide a calendar for the entire year, so you can easily count up overnights, which youll need to know for child support calculations.

Links for Alaska School District Calendars in Superior Court Locations

If you are looking for an easy way to get a one-page annual calendar without school dates, check-out Time and Date.com at www.timeanddate.com/calendar/.

In addition to a weekly schedule, custody and visitation orders cover many areas including travel, conditions for visitation, PFDs, taxes and the like. The following forms highlight the basic topics that should be covered in all court ordered plans. Use these to organize your thoughts and develop a plan that will work:

Custody & Visitation Plan, SHC-1120 Word | PDF (long form), or
Custody & Visitation Plan, SHC-1122 Word | PDF (short form)
Proposed Parenting Plan (23 pages), SHC-1127 Word | PDF -- OK for Fairbanks
Parenting Agreement, DR-475 Word | PDF

If you are filing a dissolution, you will have to have the details of your parenting plan completely worked out and agreed upon before you file.

If you are filing a divorce or custody case, it is likely that you disagree on the details of the parenting plan so this will be a "work in progress" as your case moves along. Usually, people file final custody and visitation or parenting plans shortly before their trial or settlement conference as part of their settlement or pre-trial brief. The scheduling order will tell you when this is due. However, if things are very heated between you and the other parent, making things unstable for the kids, you might decide you need to do a Motion for Interim Custody. To get interim orders before the trial you would file a plan with your Motion for Interim Orders. Please see the FAQs on Motions, Modifications and Enforcement for more information.

Note: Some courts require the custody and visitation or parenting plan to be on a particular form, while others do not. Be sure to check with your local court.

When the court reviews a plan, or considers opposing plans, it must decide what is in the child(ren)'s best interests.

Here are the factors, as they are listed in the statute:

Best Interests Factors

Best Interests Affidavit, SHC-1125 Word | PDF

If the parents are willing to try to work it out between themselves and there is no history of domestic violence, a mediator may be able to facilitate communications and help you reach a parenting agreement.

Check with your local court to find out how these programs work in your community.

Additional information about mediation is available on our mediation page.

If your case is very contested, the judge may appoint a Custody Investigator (CI) to make a recommendation about what is in your child's best interests, or a Guardian ad litem (GAL) to actually represent your child in the case.

Check with your local court to find out how these programs work in your community.

The custody and visitation law has changed in family cases with any domestic violence between the parents. Under the new law, the parent who committed the domestic violence may not get custody or visitation. However, the parent may get some custody or visitation if he or she meets specific legal requirements.

If there is any history of domestic violence in your relationship, you should talk with a lawyer about how this law will impact your case. You can read the text of the new law on our website.

Statutes can be confusing, but lawyers can help you understand them. This law went into effect of July 1, 2004 and applies to divorce, dissolution, custody, and modification of those cases.

If you are in fear for your safety, or the safety of your child(ren), you are urged to contact your local shelter to speak to an advocate, or visit the Alaska Network on Domestic Violence website for information about resources and safety planning. If you are in the Mat-Su Valley, contact Alaska Family Services which provides shelter for women and children, as well as counseling. Please call 746-6273 to speak with the crisis intervention coordinator/legal advocate or go to 403 S. Alaska Street in Palmer.

For more information, please see our Domestic Violence page.

The U.S. Department of State's Office of Children's Issues website provides information about international abduction and other international parenting issues.

Yes. Custody and visitation issues can become very complicated and contested. If at all possible, it is recommended that you at least consult with an attorney about your plans, even if you cannot afford to hire that lawyer to represent you for the entire case.

Alaska Legal Services Corporation
Alaska Legal Services Corporation is a private, nonprofit law firm that provides free civil legal assistance to low-income Alaskans.

The Alaska Bar Association
The Alaska Bar Association offers a Lawyer Referral Service, available Monday - Friday 8:30 am - Noon; 1:00 - 4:00 pm:

(907) 272-0352
(800) 770-9999 (Outside Anchorage)

You can also consult telephone yellow pages, or ask people you know to recommend a good attorney. Court staff, including Self-Help Center staff, cannot provide attorney recommendations.

Unbundled Services limited legal services
Some attorneys are willing to provide limited legal services to clients. This is called "unbundled services" or discrete task representation. Basically instead of hiring an attorney for full representation, the client would hire the attorney to perform a specific service that they both agree upon. This may involve:

• Giving legal advice and strategizing for the case
• Reviewing correspondence and court papers
• Preparing documents to be filed in the court
• Negotiating with the opposing party or their attorney
• Doing legal research and analysis
• Planning for court appearances

The Family Law Section of the Alaska Bar Association has created a list of attorneys who provide Unbundled Legal Services. Please note this list includes only those attorneys who have requested to participate - it does not include all members of the Alaska Bar Association. You can also contact individual attorneys to see if they will do unbundled services. Court staff, including Self-Help Center staff, cannot provide attorney recommendations.

There are a tremendous number of free resources available on the internet to help parents develop parenting plans that are appropriate for their children's ages and circumstances. While the quality of these resources varies and you need to be cautious, they can give you lots of ideas about what you might want to consider. Use a search engine, and try a word search for "parenting plan."

Links for Alaska School District Calendars in Superior Court Locations

Rev. 8 July 2009 © Alaska Court System www.state.ak.us/courts

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