CHILD CUSTODY AND VISITATION AGREEMENT

(State of Alaska)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Custody & Visitation Provisions
IV. Parental Representations & Warranties
V. Covenants & Restrictions
VI. Default, Enforcement & Remedies
VII. Risk Allocation & Indemnification
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Appendices

I. DOCUMENT HEADER

1. Parties
   1.1 “[Parent A]” – [Full Legal Name], residing at [Address].
   1.2 “[Parent B]” – [Full Legal Name], residing at [Address].

2. Child(ren)
   2.1 “[Child]” or “Child(ren)” – [Name(s), date(s) of birth].

3. Effective Date – This Agreement is effective as of [Effective Date].

4. Jurisdiction & Venue – The parties acknowledge that the Superior Court of the State of Alaska (Family Court Division) has continuing and exclusive jurisdiction pursuant to Alaska Stat. § 25.24.155.

5. Recitals
   A. The parties are the biological/adoptive parents of the Child(ren).
   B. The parties desire to establish a comprehensive parenting plan consistent with Alaska Stat. § 25.20.060 et seq. and in the Child(ren)’s best interests under Alaska Stat. § 25.24.150(c).
   C. Consideration for the mutual promises herein is acknowledged as legally sufficient.

[// GUIDANCE: Modify Recital B if a prior custody order exists.]

II. DEFINITIONS

The following terms, when capitalized, shall have the meanings set forth below:

“Best Interest Factors” means the statutory considerations under Alaska Stat. § 25.24.150(c), including but not limited to the Child(ren)’s physical, emotional, mental, religious, and social needs; the capability and desire of each parent to meet those needs; and any history of domestic violence.

“Legal Custody” means the right and obligation to make major decisions regarding the Child(ren)’s health, education, and welfare.

“Physical Custody” means the schedule of residential time the Child(ren) spend with each parent.

“Parenting Time” has the same meaning as Physical Custody.

“Relocation” means a change in a parent’s principal residence outside the State of Alaska or more than 50 road miles from the other parent’s residence, per Alaska Stat. § 25.20.110.

“School Week” means 8:00 p.m. Sunday to 8:00 p.m. Friday during which school is in session.

[// GUIDANCE: Add definitions for any specialized terms inserted later.]

III. CUSTODY & VISITATION PROVISIONS

3.1 Legal Custody
a. The parties shall share joint Legal Custody.
b. Major decisions require mutual written consent. If consensus is not reached, either parent may seek expedited court review.

3.2 Physical Custody
a. Primary Physical Custody is awarded to [Designated Parent], with Parenting Time to the other parent (“Non-Custodial Parent”) as set forth in Appendix A.
b. The schedule in Appendix A is deemed to be in the Child(ren)’s best interests unless modified in writing or by court order.

3.3 Holiday & Special Occasion Schedule
a. Holiday Parenting Time supersedes the regular schedule.
b. The parties shall follow Appendix B (Holiday Schedule).

3.4 Vacation & Travel
a. Each parent is entitled to [__] consecutive weeks of vacation annually with 30-days’ written notice.
b. International travel requires notarized written consent of the other parent and provision of itineraries and emergency contacts.

3.5 Communication & Virtual Contact
a. The Child(ren) may have reasonable telephonic, video, or electronic contact with the non-possessing parent.
b. Neither parent shall monitor or impede such communications.

3.6 Transportation & Exchanges
a. Exchanges shall occur at [Exchange Location] at [Times].
b. The parent beginning a parenting block shall provide transportation unless otherwise agreed.

3.7 Relocation
a. A parent intending Relocation must provide at least 45 days’ written notice pursuant to Alaska Stat. § 25.20.110.
b. Absent written consent, the relocating parent must obtain a court order before moving.
c. Failure to comply constitutes a material breach (Section VI).

3.8 Child Support
a. The parties acknowledge the separate child support order issued under Alaska Civil Rule 90.3, incorporated herein by reference.
b. Modifications to child support remain subject to statutory review regardless of this Agreement.

3.9 Medical & Dental Care
a. [Designated Parent] shall maintain health insurance.
b. Uninsured expenses are allocated [percentage split].
c. Each parent shall promptly share medical information and records.

IV. PARENTAL REPRESENTATIONS & WARRANTIES

4.1 Authority
Each parent represents that he or she has full legal authority to enter into this Agreement and that no other person or entity has superior parental rights.

4.2 Disclosure
Each parent warrants full disclosure of any pending criminal charges, domestic violence protective orders, or Child in Need of Aid (“CINA”) investigations.

4.3 Fitness
Each parent represents that he or she is physically and mentally capable of caring for the Child(ren) and is not using illicit substances.

4.4 Survival
The representations and warranties in this Article IV survive execution and remain continuing obligations.

[// GUIDANCE: Attach a disclosure schedule if any representations require exceptions.]

V. COVENANTS & RESTRICTIONS

5.1 Positive Co-Parenting
a. Each parent shall promote a loving relationship between the Child(ren) and the other parent and shall not disparage the other parent within the Child(ren)’s hearing.
b. Neither parent shall schedule activities for the Child(ren) that unreasonably interfere with the other parent’s scheduled Parenting Time without prior consent.

5.2 Safety & Welfare
a. No corporal punishment beyond lawful parental discipline.
b. Firearms shall be stored unloaded and locked during Parenting Time.
c. No overnight guests of romantic partners unrelated by blood or marriage unless both parents agree in writing.

5.3 Substance Use
a. Neither parent shall consume alcohol to impairment or use illegal substances within 12 hours before and during Parenting Time.
b. Prescription medications shall be used only as prescribed.

5.4 Notice of Significant Events
Each parent shall notify the other within 24 hours of any medical emergency, school disciplinary action, or legal incident involving the Child(ren).

5.5 School & Activity Access
Both parents are entitled to attend school events, extracurricular activities, and obtain records in accordance with FERPA.

VI. DEFAULT, ENFORCEMENT & REMEDIES

6.1 Events of Default
a. Violation of Parenting Time schedule without good cause.
b. Failure to provide Relocation notice.
c. Breach of Section 5 covenants.

6.2 Notice & Cure
a. The non-breaching parent shall provide written notice specifying the breach and allowing 7 days to cure, except in emergencies affecting the Child(ren)’s safety.
b. If uncured, the non-breaching parent may seek remedies under Section 6.3.

6.3 Remedies
a. Application to the Superior Court for enforcement or modification.
b. Compensatory Parenting Time.
c. Contempt sanctions, make-up time, attorney fees, and costs pursuant to Alaska R. Civ. P. 90.3(f) and AS 25.24.140.
d. Emergency ex parte relief if the Child(ren)’s immediate welfare is endangered.

6.4 Attorney Fees
Prevailing-party attorney fees and costs shall be recoverable as additional child support to the extent permitted by Alaska law.

VII. RISK ALLOCATION & INDEMNIFICATION

7.1 Child Welfare Priority
The parents agree that the Child(ren)’s welfare is paramount; any conflicting provision shall be construed to favor the Child(ren)’s safety and best interests.

7.2 Mutual Indemnification
Each parent (“Indemnifying Parent”) shall indemnify, defend, and hold the other harmless from any claims, damages, or liabilities arising from:
a. The Indemnifying Parent’s breach of this Agreement;
b. The Indemnifying Parent’s negligent or willful acts affecting the Child(ren);
c. Unauthorized medical or educational decisions contrary to Section 3 or applicable law.

7.3 No Liability Caps
Nothing herein limits either parent’s liability for intentional misconduct, gross negligence, or violations of court orders.

7.4 Force Majeure
Parenting obligations may be reasonably adjusted for acts of God, pandemic restrictions, or events making performance illegal or impossible, provided prompt notice is given and make-up Parenting Time is scheduled.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement is governed by the laws of the State of Alaska, without regard to conflict-of-laws principles.

8.2 Forum Selection
Exclusive jurisdiction and venue lie with the Superior Court of Alaska (Family Court), [Judicial District].

8.3 Limited Arbitration
a. Non-custodial disputes (e.g., property pick-up, minor schedule adjustments) may be submitted to arbitration by mutual written agreement.
b. Custody determinations remain non-arbitrable per public policy and Alaska Stat. § 25.24.150.

8.4 Jury Waiver
No jury trial right exists in Alaska custody proceedings; nothing herein shall be construed to create such right.

8.5 Injunctive Relief
Either parent may seek temporary or permanent injunctive relief to protect the Child(ren)’s welfare or to enforce Parenting Time.

IX. GENERAL PROVISIONS

9.1 Modification
Any modification must be in a written instrument signed by both parents and approved by the court, or by subsequent court order.

9.2 Waiver
A party’s failure to enforce any provision is not a waiver of future enforcement.

9.3 Assignment
Parental rights and obligations are personal and non-assignable.

9.4 Severability
If any provision is invalid or unenforceable, the remaining provisions shall remain in full force, and the court may reform the invalid provision to the minimum extent necessary.

9.5 Integration
This Agreement, including the Appendices, constitutes the entire parenting plan between the parties and supersedes all prior oral or written agreements.

9.6 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts and by electronic signature with the same force as an original.

9.7 Notices
Notices shall be in writing and delivered by: (i) certified U.S. mail, return receipt requested; (ii) personal service; or (iii) email with read receipt, to the addresses set forth in Section I, unless updated in writing.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Child Custody and Visitation Agreement as of the Effective Date.

STATE OF ALASKA )
: ss.
JUDICIAL DISTRICT )

SUBSCRIBED AND SWORN before me on this _ day of _, 20____, by [Parent A].

Notary Public in and for Alaska
My commission expires: _

SUBSCRIBED AND SWORN before me on this _ day of _, 20____, by [Parent B].

Notary Public in and for Alaska
My commission expires: _

[// GUIDANCE: Confirm whether notarization is required in your judicial district; local practice varies.]

XI. APPENDICES

Appendix A – Regular Parenting Schedule

[INSERT detailed weekly schedule in tabular format.]

Appendix B – Holiday & Special Occasion Schedule

[Specify alternating holidays, school breaks, birthdays, Mother’s/Father’s Day, etc.]

Appendix C – Contact Information Sheet

[Phone numbers, emails, emergency contacts, pediatrician, dentist, school.]

[// GUIDANCE:
1. Upon court approval, file this Agreement with the clerk; obtain a conformed copy.
2. Review annually and amend as children’s needs evolve.
3. Keep certified copies accessible during interstate or international travel.
]