Contributed by David Vesper, Fathers’ Rights Movement
Not much has changed in statutes since the National Parents Organization issued a “B” to Alaska in its 2014 Shared Parenting Report Card.
Currently, “Neither parent … is entitled to preference in awarding custody,” under a state statute, still egalitarian due to its referred gender neutral language. Also, Alaskan “courts may award shared physical custody” as long as the court can determine a 10-point factor. However, the lack of presumption, either in a policy statement or statutory requirements in temporary or final orders, is still nonexistent. Therefore, egalitarian outcomes of presumptive 50/50 shared physical custody are not assured despite allowed in Alaska.
Alaska also falls behind the times.
Today, dual-income families, regardless of marital status, are the norm rather than the exception. Parents are trending away from marriage and more towards co-habitation. According to the Pew Research Center, fathers are spending more time with their children than previous generations. The correlation of dual-income families and increased father involvement in child-rearing responsibilities indicates the traditional dichotic gender roles are on the decline and shared parenting duties are the norm in today’s households.
However, when unmarried parents separate or were never entered into a loving relationship, fathers must petition the court for custodial/visitation rights under state statute. The rebuttable presumption of shared physical custody does not apply to unmarried parents as well.
Domestic violence is a predominant issue in Alaska.
Courts shall consider “any evidence of domestic violence… or a history of violence between the parents” when determining child custody. In April 2018, Kentucky passed the first-in-the-nation “shared parenting law” with the passage of HB 528. After 12 months of full implementation of HB 528, there are early indications of success in reducing domestic violence incidents. Kentucky has had a significant drop of domestic violence claims and more than an 11% decline of new cases of child custody in court filings from May 2018 through May 2019.
The “friendly parent factor” also contributed to the early success, allowing the judge “to consider which parent would be more likely to help the other have a meaningful relationship with the child.” This soft-touch approach considers parenting time more valuable than the financial aspects, which can be contentious at times, of parenting. Alaska can benefit from this approach given the early positive outcomes of Kentucky’s shared parenting law.
As a result of the lack of progress in shared parenting legislation, Alaska has earned a downgraded C+ grade in the 2019 Shared Parenting Report Card. But, there is hope for Alaska. In March 2019, Rep. George Rauscher introduced the HB 85 Shared Parenting bill. In its current form, Alaska’s shared parenting bill mimics much of the same language as Kentucky’s successful shared parenting law. If successful in passage of its current form, HB 85 calls for the rebuttable presumption of 50/50 shared physical custody, presumes both parents equal regardless of marital status, intends to encourage mediation for parents in determining their own parenting schedule, and can reduce the plague of domestic violence in the state.
Research and evidence show the benefits for children in shared parenting situations and Kentucky is proving it. Alaska needs to progress forward - not backward.
About David:
David Vesper is the state director for the non-profit, Alaska Fathers’ Rights Movement, and the regional director for the Fathers’ Rights Movement West Region. He is a retired Army combat veteran and graduated in 2018 from the University of Alaska-Anchorage with a degree in international studies with a focus on global social science track and minors in political science and history.
