Best Interests Affidavit in Alaska — How to Write DR-965

What Is the Best Interests Affidavit?

The Best Interests Affidavit (Form DR-965, sometimes referenced alongside the DR-965-Mem) is your primary vehicle to present factual evidence to the court about why your proposed custody arrangement serves your child's best interests. It is a sworn, notarized document, so everything you state in it should be truthful and supported by the evidence.

In contested custody cases, the judge may never hear you speak in person. Alaska courts frequently decide interim custody motions based on written filings alone, and even at trial, the affidavit shapes the judge's initial understanding of your case. A thorough, well-organized affidavit is often the single most important document you produce.

The Nine Factors You Must Address

Every Alaska custody decision is governed by the nine best-interests factors in AS 25.24.150(c). Your affidavit should address each one with specific, factual evidence rather than general claims.

Factor 1: The child's physical, emotional, mental, religious, and social needs. Describe your child's daily routine, school schedule, medical needs, extracurricular activities, and social connections. A child with asthma needs a parent who manages medications and doctor appointments. A child in competitive swimming needs a parent who gets them to practice five mornings a week. Be specific.

Factor 2: Each parent's capability and desire to meet those needs. Do not just say you are a good parent. Show it: you prepare meals, help with homework, attend parent-teacher conferences, schedule dental cleanings, manage the after-school carpool. If the other parent is less involved in these daily tasks, state the facts without editorializing.

Factor 3: The child's preference (if of sufficient age and maturity). Alaska does not set a minimum age. If your child has expressed a clear preference and is mature enough to articulate reasons, you can describe that. Do not coach the child or put words in their mouth — judges and evaluators spot this quickly.

Factor 4: The love and affection between the child and each parent. Describe the quality of the relationship, not just its existence. Daily bedtime routines, weekend activities, inside jokes, how your child responds when you pick them up from school.

Factor 5: The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. If your child has been in the same home, school district, and community for years, that stability matters. Describe the environment: the house, the neighborhood, the school, the friendships, the proximity to grandparents or other family.

Factor 6: The willingness to facilitate a relationship with the other parent. Demonstrate that you support the child's relationship with the other parent — you encourage phone calls, facilitate visits, speak positively about them in the child's presence. This is the "friendly parent" factor, and it matters unless domestic violence is established (in which case, this factor is legally suspended under AS 25.24.150(g)).

Factor 7: Evidence of domestic violence, child abuse, or neglect. If applicable, present this factually with supporting documentation — police reports, protective order filings, medical records, photographs. If not applicable, state briefly that no such history exists.

Factor 8: Evidence of substance abuse that directly affects the child's well-being. Same approach: factual statements with documentation if relevant, brief acknowledgment if not.

Factor 9: Any other facts the court considers relevant. This is your opportunity to raise issues that do not fit neatly into the first eight factors — a parent's work schedule that conflicts with school hours, a planned relocation, a child's special educational needs, or the practical logistics of transportation between homes.

Common Mistakes

Being too general. "I am a loving and dedicated parent" tells the judge nothing. "I prepare breakfast and pack school lunches five days a week, attend all IEP meetings, and drive my daughter to hockey practice Tuesday and Thursday evenings" tells the judge everything.

Attacking the other parent instead of advocating for your child. Judges respond poorly to affidavits that read like character assassination. Focus on facts relevant to the child's needs and your proposed arrangement. If the other parent has genuine deficiencies, the facts speak for themselves.

Omitting factors. Skipping a factor — even one that does not seem relevant — suggests you either do not understand the legal framework or are hiding something. Address all nine, even if some get only a sentence or two.

Failing to get it notarized. The affidavit must be signed before a notary public. An unnotarized affidavit is not sworn testimony and the court can disregard it entirely. Most Alaska courthouses have notary services available, and many banks and UPS stores offer notarization for a small fee.

Organizing Your Evidence

Before you start writing, gather your documentation: school records, medical appointment history, extracurricular schedules, work schedules, communication logs with the other parent, any relevant court orders or police reports. Organize these by factor — this makes the writing process straightforward and ensures you do not forget relevant evidence.

The Alaska Custody & Parenting Plan Guide includes a best-interests evidence organizer worksheet that maps each of the nine statutory factors to specific prompts and documentation categories. Working through it before you draft DR-965 ensures your affidavit is complete, organized, and grounded in the evidence that judges actually weigh.

See more Alaska guides →