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Custody Affidavit for the United States

Custody Affidavit Template for United States

A Custody Affidavit is a sworn legal document used in United States family courts to provide detailed information about child custody matters. It contains statements made under oath regarding custody arrangements, living situations, and factors affecting the well-being of the child(ren). The document must comply with both federal laws such as the UCCJEA and state-specific family law requirements. It serves as evidence in custody proceedings and can be used for initial custody determinations, modifications, or enforcement actions.

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Custody Affidavit

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What is a Custody Affidavit?

A Custody Affidavit serves as a crucial legal tool in U.S. family law proceedings, providing courts with sworn testimony regarding child custody matters. This document is commonly used when establishing initial custody arrangements, modifying existing orders, or addressing custody disputes. The affidavit must comply with both federal standards (such as the UCCJEA) and state-specific requirements. It typically includes detailed information about the child(ren), living arrangements, parental capabilities, and factors affecting the child's best interests. A properly executed Custody Affidavit can be essential evidence in custody proceedings and may be required by courts before making custody determinations.

What sections should be included in a Custody Affidavit?

1. Affiant Information: Personal details of the person making the affidavit including full name, address, and relationship to the child

2. Child Information: Full details about the child(ren) including names, ages, and current living arrangements

3. Jurisdiction Statement: Statement establishing the court's jurisdiction over the custody matter

4. Current Custody Arrangement: Details of existing custody arrangements or orders

5. Verification Statement: Statement verifying all information is true and correct under penalty of perjury

What sections are optional to include in a Custody Affidavit?

1. Other Parent Information: Details about the other parent when relevant to the custody matter

2. Child's Best Interest Statement: Detailed explanation of how the custody arrangement serves the child's best interests

3. Special Circumstances: Any unique situations affecting custody (medical needs, education, etc.)

What schedules should be included in a Custody Affidavit?

1. Birth Certificates: Certified copies of children's birth certificates

2. Existing Court Orders: Copies of any previous custody or relevant court orders

3. Supporting Documentation: School records, medical records, or other relevant documentation supporting the affidavit

4. Income Documentation: Financial information if relevant to custody determination

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses


























Industries

UCCJEA: Uniform Child Custody Jurisdiction and Enforcement Act - Federal law that determines which state has jurisdiction over child custody matters

PKPA: Parental Kidnapping Prevention Act - Federal law that prevents parents from kidnapping children and seeking custody in another state

ICWA: Indian Child Welfare Act - Federal law that governs custody proceedings involving Native American children

State Family Law Code: Individual state-specific laws governing family matters including custody, visitation, and child welfare

State Civil Procedure: State-specific rules governing legal proceedings, including requirements for filing affidavits and court documents

Best Interests Standard: Legal principle requiring all custody decisions to be made based on what is best for the child's wellbeing

Jurisdiction Requirements: Legal rules determining which court has authority to hear and decide a custody case

Residency Requirements: State-specific rules about how long a child must reside in the state before custody proceedings can be initiated

Interstate Custody Rules: Laws governing custody arrangements across state boundaries

International Custody Laws: Laws and treaties governing custody arrangements involving multiple countries

Supporting Documentation Requirements: Required documents including birth certificates, existing court orders, school records, medical records, and financial information

Local Court Rules: Specific procedural and formatting requirements set by local courts for custody affidavits

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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