Legal Question in Family Law in Alaska

Is it easier to get custody before or after divorce papers are signed? I have a parenting plan in place that we decided on with a mediator but now I am rethinking the plan. My ex will definitely not go for the new plan though. Should I still file the divorce papers and then try and get full custodianship and shared legal or should I do this before the papers are filed?

Asked on 10/19/16, 10:37 am

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

Do it before the papers are filed.

Normally, the court will not approve the "divorce papers" without also ruling on custody. And if a divorce is granted incorporating your parenting plan by reference, that plan will be a part of the divorce decree. The court will not change it unless you can persuade the court that conditions have changed materially and in such a manner as to be unforeseen.

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Answered on 10/20/16, 5:13 am

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