Grandparent Rights

A grandparent may ask the court for an order granting them either custody or visitation of a grandchild. Both kinds of cases have very specific requirements.

There is no law in Alaska that specifically addresses a grandparent's right to file for custody of a grandchild. Alaska Supreme Court cases have recognized that a parent is entitled to a preference over non-parents in custody determinations. A court can only override this preference if:

• the parent is unfit, or
• the child's welfare requires that the non-parent have custody

If you are interested in filing for custody of your grandchild, you should consult with an attorney to understand what is involved in this type of case. You can call the Family Law Self-Help Center telephone helpline and the staff may be able to help you depending on the specifics of your situation.

A grandparent may ask the court for an order that gives them reasonable rights to visit grandchildren. Usually, there is already a case between the parents to decide custody. The court will consider:

• whether visiting with the grandparent is in the childs best interest, and
• whether the grandparent has ongoing contact with the child or has tried to have ongoing contact with the child.

This website discusses how grandparents can ask the court to order visitation if there is a current or old custody and visitation decision for the grandchildren.

You should read the law on grandparent's visitation rights to determine if the law applies to you and for more information. You should consult with an attorney to decide whether to ask the court to establish grandparents visitation rights. If you are representing yourself, you can call the Family Law Self-Help Center telephone helpline.

There are 2 steps.

1. Ask the court to join the existing custody case between the parents. Joining the case means that the court will let you participate in the case about the children. Cases dealing with visitation usually involve parents so that is why you need to specially ask to be part of this case for the limited reason of asking for visitation.
2. Ask for grandparent visitation. To decide which forms you need, figure out whether:
• the custody case between the parents is still going on (there hasnt been a final custody decision yet); this can be in a divorce case if the parents are married or a custody case if they are not married
  
• the custody case between the parents was already decided in either a divorce or custody case

• Motion & Affidavit to Join for Purpose of Grandparent Visitation, SHC-1140 Word | PDF
• Proposed Order on Motion to Join for Purpose of Grandparent Visitation, SHC-1141 Word | PDF

Please read the information about serving the opposing party.

There are 2 different motion forms depending on whether custody between the parents has been decided.

If there is a custody case going on between the parents but the court has not made a final decision about custody, you can file:

• Motion & Affidavit for Grandparent Visitation, SHC-1142 Word | PDF
• Proposed Order on Motion for Grandparent Visitation, SHC-1143 Word | PDF

If the parents already have a final order about custody in a divorce or custody case, you can file:

• Motion & Affidavit for Grandparent Visitation (post-judgment), SHC-1144 Word | PDF
• Proposed Order on Motion for Grandparent Visitation, SHC-1143 Word | PDF

Remember, this is a 2 step process where first you ask to join the case and second you ask for visitation. This means that the court needs to decide your motion to join the case before you can actually ask the court for visitation. You have two options of how to file:

1. File the paperwork to join the case before the paperwork asking for grandparent visitation. If the court decides to let you join the case, you can file the paperwork asking for visitation.

OR

2. File the paperwork to join the case and the paperwork asking for grandparent visitation together at the same time. The court will decide whether to let you join the case before considering your motion for visitation. The court will not decide the issues any faster this way, but you take care of all of the paperwork at the same time.

You need to contact an attorney to help you figure out what complaint for visitation to file. The paperwork on this website only applies to cases when there is a pending or decided custody decision between the parents that you are trying to change to give you visitation with the grandchildren.

Rev. 25 July 2007 © Alaska Court System www.courts.alaska.gov

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