Obtain the Form: Acquire the affidavit form from a local family court or an online legal resource. Fill Out the Information: Include identifying details for both parents and the child. Sign in Front of a Notary: Both parents must sign the document in the presence of a notary public to validate it.
A complaint for change of custody brought by the non-custodial parent must be brought in the county in which the legal custodian of the child or children. A complaint for change of custody brought by the legal custodian must be brought in the county in which the Defendant resides.
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.
Example of Affidavit for Child Custody I, YOUR NAME, depose and say: I am the FATHER/MOTHER/LEGAL GUARDIAN of CHILD'S NAME, who was born on BIRTH DATE. I have been CHILD'S NAME 's primary caregiver since DATE, and we have a wonderful and intimate relationship.
Unmarried Parents. The mother of a child born out of wedlock has all rights to custody of the child. Signing the birth certificate does not give the biological father the right to take the child. To get custody or any rights to visit, the father must first prove he is the father.
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.
The procedure, like with most affidavits, is fairly straightforward. The document requires one or both parents to act as Deponent(s) and swear that the ward in question is indeed their first born child and that they are drafting it for the purpose of the ward's admission in a particular educational institution.
Some of the key factors that judges consider include: The child's relationship with each parent. Each parent's ability to provide for the child's needs. The child's current living situation and any potential disruptions.