Q:

How do you write an affidavit for child custody?

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Quick Answer

An affidavit for child custody should include the names of the parties involved in the case, a list of facts that are free of opinions and emotions, the signature of the affiant, and the date the legal document was drawn up. Some states require that affidavits be notarized, and it's best that the document isn't signed until the affiant is before a notary.

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Full Answer

Affidavits are a way to differentiate between emotions and feelings in a child custody case. The legal document is most often filed whenever a married couple first starts the divorce process. The affidavit is used by the court to decide with whom the children live while the case is pending.

More than one draft of a child custody affidavit might need to be drawn up in order to ensure that it is free of confrontational or one-sided statements, which can harm the affiant's case. An affidavit should only include phrases that lend credibility to the affiant's statements in order to demonstrate that he has firsthand knowledge of the events that took place between parent and child. Depending on the state, the affiant may be able to go to a court website and download the form needed for an affidavit.

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