What are the procedures for a change in custody or visitation?

In the state of Alaska, the procedures for changing custody or visitation are fairly straightforward. When a parent wants to make a change in the custody or visitation agreement, they must file a petition with the court. This petition must include information about why the change is necessary and necessary documents, such as a proposed parenting plan or agreement for the new visitation or custody arrangement. The court will then review the petition and possibly set a hearing to discuss the matter in detail with both parties. If it is determined that the change is in the best interests of the child, the court will issue a new order reflecting the change in custody or visitation. In cases involving a minor child, the court may also appoint a Guardian ad Litem (GAL) to review the facts and make a recommendation to the court regarding the proposed change. The GAL will generally interview the parents, the child (if the child is old enough to do so), and anyone else with relevant information to make an informed decision. The court will consider the GAL’s recommendation when making its decision, though the GAL does not have the authority to make a decision on behalf of the court. In some cases, the court may order the parents to attend mediation to attempt to resolve the dispute before the court will issue a new order. If mediation is unsuccessful, the court will issue an order based on the facts presented and any applicable laws. In all cases, the court will always prioritize the best interests of the child when making a decision about changing custody or visitation.

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