Alaska Statutes
Alaska Stat. § 25.24.310 (2026)
Representation of minor
✓ current as of July 2026
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Sec. 25.24.310. Representation of minor.
Article 4. Legal Separation.
(a) In an action involving a question of the custody, support, or visitation of a child, the court may, upon the motion of a party to the action or upon its own motion, appoint an attorney or the office of public advocacy to represent a minor with respect to the custody, support, and visitation of the minor or in any other legal proceeding involving the minor's welfare or to represent an unmarried 18-year-old child with respect to post-majority support while the child is actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as a dependent with a parent or guardian or a designee of the parent or guardian. When custody, support, or visitation is at issue in a divorce, it is the responsibility of the parties or their counsel to notify the court that such a matter is at issue. Upon notification, the court shall determine whether the minor or other child should have legal representation or other services and shall make a finding on the record before trial. If the parties are indigent or temporarily without funds, the court shall appoint the office of public advocacy. The court shall notify the office of public advocacy if the office is required to provide legal representation or other services. The court shall enter an order for costs, fees, and disbursements in favor of the state and may further order that other services be provided for the protection of the minor or other child.
(b) If custody, support, or visitation is at issue, the order for costs, fees, and disbursements shall be made against either or both parents, except that, if one of the parties responsible for the costs is indigent, the costs, fees, and disbursements for that party shall be borne by the state. If the parents are only temporarily without funds, the office of public advocacy shall provide legal representation or other services required by the court. The attorney general is responsible for enforcing collections owed the state. Repayment shall be made to the Department of Revenue under AS 37.10.050 for deposit in the general fund. The court shall, if possible, avoid assigning costs to only one party by ordering that costs of the minor's legal representation or other services be paid from proceeds derived from a sale of joint, community, or individual property of the parties before a division of property is made.
(c) Instead of, or in addition to, appointment of an attorney under (a) of this section, the court may, upon the motion of either party or upon its own motion, appoint an attorney or other person or the office of public advocacy to provide guardian ad litem services to a child in any legal proceedings involving the child's welfare. The court shall require a guardian ad litem when, in the opinion of the court, representation of the child's best interests, to be distinguished from preferences, would serve the welfare of the child. The court in its order appointing a guardian ad litem shall limit the duration of the appointment of the guardian ad litem to the pendency of the legal proceedings affecting the child's interests, and shall outline the guardian ad litem's responsibilities and limit the authority to those matters related to the guardian's effective representation of the child's best interests in the pending legal proceeding. The court shall make every reasonable effort to appoint a guardian ad litem from among persons in the community where the child's parents or the person having legal custody or guardianship of the child's person reside. When custody, support, or visitation is at issue in a divorce, it is the responsibility of the parties or their counsel to notify the court that such a matter is at issue. Upon notification, the court shall determine if a child's best interests need representation or if a minor or other child needs other services and shall make a finding on the record before trial. If one or both of the parties is indigent or temporarily without funds the court shall appoint the office of public advocacy. The court shall notify the office of public advocacy if the office is required to provide guardian ad litem services. The court shall enter an order for costs, fees, and disbursements in favor of the state and may further order that other services be provided for the protection of a minor or other child.
(a) In an action involving a question of the custody, support, or visitation of a child, the court may, upon the motion of a party to the action or upon its own motion, appoint an attorney or the office of public advocacy to represent a minor with respect to the custody, support, and visitation of the minor or in any other legal proceeding involving the minor's welfare or to represent an unmarried 18-year-old child with respect to post-majority support while the child is actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as a dependent with a parent or guardian or a designee of the parent or guardian. When custody, support, or visitation is at issue in a divorce, it is the responsibility of the parties or their counsel to notify the court that such a matter is at issue. Upon notification, the court shall determine whether the minor or other child should have legal representation or other services and shall make a finding on the record before trial. If the parties are indigent or temporarily without funds, the court shall appoint the office of public advocacy. The court shall notify the office of public advocacy if the office is required to provide legal representation or other services. The court shall enter an order for costs, fees, and disbursements in favor of the state and may further order that other services be provided for the protection of the minor or other child.
(b) If custody, support, or visitation is at issue, the order for costs, fees, and disbursements shall be made against either or both parents, except that, if one of the parties responsible for the costs is indigent, the costs, fees, and disbursements for that party shall be borne by the state. If the parents are only temporarily without funds, the office of public advocacy shall provide legal representation or other services required by the court. The attorney general is responsible for enforcing collections owed the state. Repayment shall be made to the Department of Revenue under AS 37.10.050 for deposit in the general fund. The court shall, if possible, avoid assigning costs to only one party by ordering that costs of the minor's legal representation or other services be paid from proceeds derived from a sale of joint, community, or individual property of the parties before a division of property is made.
(c) Instead of, or in addition to, appointment of an attorney under (a) of this section, the court may, upon the motion of either party or upon its own motion, appoint an attorney or other person or the office of public advocacy to provide guardian ad litem services to a child in any legal proceedings involving the child's welfare. The court shall require a guardian ad litem when, in the opinion of the court, representation of the child's best interests, to be distinguished from preferences, would serve the welfare of the child. The court in its order appointing a guardian ad litem shall limit the duration of the appointment of the guardian ad litem to the pendency of the legal proceedings affecting the child's interests, and shall outline the guardian ad litem's responsibilities and limit the authority to those matters related to the guardian's effective representation of the child's best interests in the pending legal proceeding. The court shall make every reasonable effort to appoint a guardian ad litem from among persons in the community where the child's parents or the person having legal custody or guardianship of the child's person reside. When custody, support, or visitation is at issue in a divorce, it is the responsibility of the parties or their counsel to notify the court that such a matter is at issue. Upon notification, the court shall determine if a child's best interests need representation or if a minor or other child needs other services and shall make a finding on the record before trial. If one or both of the parties is indigent or temporarily without funds the court shall appoint the office of public advocacy. The court shall notify the office of public advocacy if the office is required to provide guardian ad litem services. The court shall enter an order for costs, fees, and disbursements in favor of the state and may further order that other services be provided for the protection of a minor or other child.
Notes of Decisions
Cited in 23
cases (6 in the last 5 years), 1985–2025 · leading case: Thea G. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 291 P.3d 957 (Alaska 2013).
Thea G. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 291 P.3d 957 (Alaska 2013). “57 AS 25.24.310(c), 47.10.050(a). -25- 6742 CARPENETI, Justice, dissenting.”
Brett M. v. Amanda M., 445 P.3d 1005 (Alaska 2019). “30 Brett argues that the superior court violated AS 25.24.310(c) by failing to consider the necessity of a GAL.”
Thomas v. Thomas, 171 P.3d 98 (Alaska 2007). “AS 25.24.310(c) ('The court shall require a guardian ad litem when, in the opinion of the court, representation of the child's best interests, to be distinguished from preferences, would serve the welfare of the child.”
Jenkins v. Handel, 10 P.3d 586 (Alaska 2000). “This precise argument is directly refuted by AS 25.24.310(c), which provides that a guardian ad litem's duty of advocacy is with respect to the child's best interests, not the child's preferences.”
Dennis O. v. Stephanie O., 393 P.3d 401 (Alaska 2017). “See AS 25.24.310; Alaska R. Civ. P. 90.6; Alaska R.”
Riggs v. Coonradt, 335 P.3d 1103 (Alaska 2014). “AS 25.24.310; see also Thomas v. Thomas, 171 P.”
Miranda T. v. State of Alaska DHSS, OCS, 524 P.3d 1105 (Alaska 2023). “6 See AS 25.24.310(a) (providing court may appoint counsel to represent a minor in “proceeding involving the minor’s welfare”).”
Tara R. v. State of Alaska, DFCS, OCS, State of Alaska, DFCS, OCS v. C.B. & M.B., Dan J. v. State of Alaska, DFCS, OCS, 541 P.3d 530 (Alaska 2024). “050 (providing for appointment of GAL in CINA cases “under the terms of AS 25.24.310”); CINA Rule 2(e) (defining GAL as “a person appointed by the court to represent the best interests of the child in the CINA proceeding”).”
Husseini v. Husseini, 230 P.3d 682 (Alaska 2010). “160(c) unless (1) each party, and the guardian ad litem if one has been appointed under AS 25.24.310, expressly agrees on the record to the delay or reservation; or (2) a party who moves for an order of delay or reservation shows good cause and the court finds that the interests…”
Gerlach v. State, 699 P.2d 358 (Alaska Ct. App. 1985). “See AS 25.24.310. To permit a litigant such as Gerlach to use a necessity defense as a means of relitigating a custody determination would not appreciably advance the legislative goals of preventing child abuse and neglect which are adequately protected by existing legislation…”
Karen L. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 953 P.2d 871 (Alaska 1998). “See AS 25.24.310(c) (concerning appointment of a GAL and limiting GAL’s authority to matters related to representation of child’s best interests).”
Carter v. Brodrick, 816 P.2d 202 (Alaska 1991). “AS 25.24.310(c) provides in relevant part: [T]he court may, upon the motion of either party or upon its own motion, appoint an attorney or other person or the office of public advocacy to provide guardian ad litem services to a minor in any legal proceedings involving the…”
— Alaska Stat. § 25.24.310(a) — 4 cases
Miranda T. v. State of Alaska DHSS, OCS, 524 P.3d 1105 (Alaska 2023). “6 See AS 25.24.310(a) (providing court may appoint counsel to represent a minor in “proceeding involving the minor’s welfare”).”
Oscar M., a Minor v. Marilyn P. & Shawn M., 555 P.3d 40 (Alaska 2024).
M.T. (Mother) v. State of Alaska DHSS, OCS (Alaska 2023).
Bliss v. State of Alaska (D. Alaska 2019).
— Alaska Stat. § 25.24.310(b) — 3 cases
In the Matter of the Hospitalization of April S., 499 P.3d 1011 (Alaska 2021).
H.P.A. v. S.C.A., 704 P.2d 205 (Alaska 1985).
Hpa v. Sca, 704 P.2d 205 (Alaska 1985).
— Alaska Stat. § 25.24.310(c) — 14 cases
Thea G. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 291 P.3d 957 (Alaska 2013). “57 AS 25.24.310(c), 47.10.050(a). -25- 6742 CARPENETI, Justice, dissenting.”
Brett M. v. Amanda M., 445 P.3d 1005 (Alaska 2019). “30 Brett argues that the superior court violated AS 25.24.310(c) by failing to consider the necessity of a GAL.”
Thomas v. Thomas, 171 P.3d 98 (Alaska 2007). “AS 25.24.310(c) ('The court shall require a guardian ad litem when, in the opinion of the court, representation of the child's best interests, to be distinguished from preferences, would serve the welfare of the child.”
Jenkins v. Handel, 10 P.3d 586 (Alaska 2000). “This precise argument is directly refuted by AS 25.24.310(c), which provides that a guardian ad litem's duty of advocacy is with respect to the child's best interests, not the child's preferences.”
Karen L. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 953 P.2d 871 (Alaska 1998). “See AS 25.24.310(c) (concerning appointment of a GAL and limiting GAL’s authority to matters related to representation of child’s best interests).”
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