What is the proper procedure for filing for child custody?

In Alaska, the proper procedure for filing for child custody is to bring a paternity or custody action in court. The court process begins with the filing of a Petition and summons in the Superior Court of the state where the child resides. Once filed, the Petition and summons will be served on the other parent. The Petition will include a number of pieces of information including the legal relationship between the parties, the history of the parents’ relationship, the child’s background information, and the petitioner’s requests for custody and visitation. Once the summons and Petition are served, the other parent will have the opportunity to file an answer to the Petition. The other parent will have the opportunity to contest any claims made in the Petition, and can also file a Counterclaim if desired. After both parties have filed their answer and counterclaim, a hearing is usually scheduled for the parties to present their case. Prior to the hearing, the court will require both parents to attend a mediation session in an attempt to reach an agreement without the need for a full hearing. If an agreement is not reached in mediation, then the court will hear evidence from both parties and witnesses before making a determination on child custody.

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