An affidavit for child custody is a legal document that provides sworn statements or testimony from an individual regarding aspects of a child custody case. This document can be submitted to the family law courts to support or oppose a suggested child custody arrangement. To learn more about submitting an affidavit or for legal assistance with this type of document, contact the San Diego child custody lawyers at Boyd Law.
Key Elements of a Child Custody Affidavit
The goal of a child custody affidavit is to present facts, evidence and arguments that are relevant to a child custody or visitation case. Affidavits are often prepared by parents seeking custody of a child to prove their ability to provide for the child’s needs and best interests. It is a sworn and written statement made under oath attesting to the truth of the information being given.
The key elements that an affidavit for child custody must contain are:
Introduction: a heading that clearly marks the document as an affidavit for child custody, along with the name of the child, the state and county where the case is being heard, the name of the individual, and the individual’s address and contact information.
Sworn statement: a sentence either at the beginning or the end of the affidavit in which the individual swears under penalty of perjury that the information provided is true and accurate to the best of his or her knowledge.
Background information: facts about the individual’s relationship to and with the child to develop credibility and connection. It can help to include the child’s current living situation and how it involves the individual, along with details about the child’s preferences and daily routines.
Custody request: a statement clearly outlining the individual’s preferred custody or visitation arrangement. The affidavit should explicitly discuss how the arrangement aligns with the best interests of the child by protecting his or her health, safety and overall well-being.
Supporting facts: details about the preferred arrangement and evidence or documentation proving the individual’s ability to meet the child’s needs. Supporting information and evidence should be as detailed as possible.
Rebuttal of counterarguments: if there are potential arguments against the ideas put forth in the affidavit, it can address these and provide rebuttal arguments or evidence refuting possible concerns.
Conclusion: the affidavit should finish with a summary of its main points and a reiteration of why the requested child custody arrangement is in the best interests of the child. It may also express the individual’s willingness to comply with the court’s decisions either way.
A child custody affidavit must be in writing; verbal affidavits are not acceptable. In addition, the document must be signed by the individual and notarized (witnessed and signed by a notary). Notarization confirms that you swore as to the truth of the statements made under penalty of perjury.
When to Contact a Child Custody Attorney
The specific information included in an affidavit for child custody can vary depending on the circumstances. You can ensure your affidavit includes everything it should and presents your custody arrangement in the strongest possible way by working with a family law attorney in San Diego to complete the legal document.
A child custody lawyer can explain the parts of an affidavit to you, help you draft the document and submit it to the courts on your behalf. You can trust your lawyer to take all of the steps necessary to support your child custody case goals. For more information about a child custody affidavit, contact Boyd Law at (916) 840-2050 to request a free consultation.
