Child Custody Affidavit Lawyers
What is a Child Custody Affidavit?
In general, an affidavit is a document filed with the court under oath stating important facts and information to be used during trial. Thus a child custody affidavit is a document wherein the child’s parent states and confirms factual information in relation to the child custody determination.
While child custody affidavits do not carry the same weight as a formal custody order, they are typically made under oath and are usually notarized before submitting them to the judge. The information submitted in the custody affidavit will be used to help the court issue a formal child custody order. The affidavit can also be used to verify information if there are any factual disputes during trial.
Other similar types of affidavits include paternity affidavits and child support affidavits.
What is Usually Contained in a Child Custody Affidavit?
Many jurisdictions provide standardized child custody affidavits to be filled out. In some cases the parties may need to draft their own child custody affidavit with the help of a family lawyer.
Usually, child custody affidavits only contain factual information- the use of emotional arguments or accusations should not be included in a custody affidavit. In general, a child custody affidavit would contain:
- The name and contact information of the child or children involved
- The name and contact information of the party submitting the affidavit
- Previous addresses of the child for the last five years
- Whether the child has lived any other persons in the last five years
- The party’s relation to the child
- Statements regarding the party’s current custody or visitation status with the child (such as legal or physical custody)
- Whether there are any ongoing or outstanding proceedings in other courts that would affect the child custody
Only those details that would affect the outcome of the custody hearing should be included in an affidavit. Sometimes this means stating such facts as the habitual tardiness of the other parent, so long as the statements are relevant and non-accusatory. Mention of past incidents may sometimes be acceptable, especially if there is a history of child abuse.
Do I Need a Lawyer for Assistance With a Child Custody Affidavit?
If you have any questions about what to state in a child custody affidavit, you may wish to contact a family lawyer in your area. The assistance of an attorney may be especially needed if an affidavit form isn’t provided to you and you need to create one yourself. Your attorney can help you draft and review the child custody affidavit so that it satisfies the court’s requirements.
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Last Modified: 03-01-2012 02:43 PM PST
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