This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
The way to write a good declaration is to focus on the key events and facts that present and prove your point or side of the story. Having too much extraneous information can just lead to the judge losing the thread of your argument. It's hard to be convinced when you're not sure what you've read.
Writing an answer for child custody You'll specify which parts of the petition you agree with, which parts you disagree with and which you don't know about. Your answer can address errors like incorrect dates and locations, plus whether you agree with what the petitioner is asking for (e.g., the type of custody).
Be specific. Don't ramble or repeat yourself, and don't include irrelevant information. Don't lie or make assumptions not supported by facts and evidence — include only information that you have personal knowledge of. Don't use inflammatory language or rant about the other parent.
The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.
If you are drafting a responsive declaration to the opposing party's allegations, tell the Court how they are incorrect. Use proof to validate your case. Any evidence that collaborates “why” you are asking the Court to fulfill your requests can be persuasive.
Send your Answer to the address stated in the Summons that was served on you with the petition. The Certificate of Service that you completed and filed with the court is your proof to the court that you did mail a copy of your Answer to the other side's attorney, or to him/her.
Specific details should include the agreed-upon arrangements for schooling, medical care, and extracurricular activities. Clarity in the joint custody affidavit helps the court understand the cooperative relationship between parents, promoting the child's overall welfare.
Generally you must file a motion for child visitation in the county where the child has lived for the past six months. If there is an existing custody or parenting time order, however, you typically will need to file your motion with the court that entered that order.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.