Custody Affidavit

S. - I just went through this for a custody hearing. Stick with the facts in your affadavit, mention specific dates, examples, events etc. that have bearing on the parenting abilities (or lack therof) you have seen. Some things will go over into the realm of opinion, but try to keep it as factual and objective as possible. If it is overly emotional, your affadavit will not be considered with the weight you might want it to. Make sure that you can back up any statement you make, and be detailed. Good luck!

K. B.

Hi S.! I've written one, and I have no idea whether or not I did it "right," but I included a paragraph of recommendation and reasons for it at the end. Wouldn't it be nice if they gave us some guidelines?

Good luck! L.

S.,
I just went through a custody hearing myself and I personally think you should give them as much info as possible weather it be fact or opinion the more info they have the better. They will call you if they have any further questions but my opinion is, better more info then less!

Is she writing one? I hope so.

for you, you should write any experiences you have witnessed. Don't write down what you have heard someone else say he did. make sure it is your very own experience.

I have written several and had my sister write one once. our order stated that the kids had to visit him for a two weeks during the summer and it was the worst. a week into it my dh and I were painting our living room and so we had our phone unplugged so we didn't get the calls that my daughter had been trying to get to me. So she called my sister, which was something that she often did when she had to be over at his house. she talked to her for nearly an hour and explained that he was sleeping in the air conditioned room and they had been watching movies (more than one) and it was hot. also that they were hungry and there wasn't any food. my sister came over to tell us to plug the phone in. after we plugged our phone back in she called home and I spoke with her for almost an other hour and then I called the police.
So that's what my sister wrote. it was simply that my dd would call her often when it was his turn to have them and she would talk for a very long time and when asked about where he was the answer was always that he was sleeping.
Guess what. he was getting high and sleeping off his buzz leaving my children alone and neglected for hours and hours eventually waking up to make my then 5 year old child go to the store to get bread or other things for sandwiches and then made her 'cook'.

Put in anything you have seen or experienced yourself that will help those children to be in the safest possible environment.

I would include anything that you feel would be beneficial for her case. Include any facts you have that are negative towards the father as well as your opinion. Make sure you include how much time the child(ren) spend with each parent, what each parent does with the child(ren), etc.

Facts and opinions can both be included, but be clear which is which. I suggest stating all facts first. I agree with the responder who said only things you have seen or heard directly, not heard through another person. End with your opinion, again making clear where facts end and opinion starts. Don't stress out over this, no custody decision is made on one piece of evidence. Also, many court actions involving children, divorce, custody decisions don't appear logical or rational. So I would be prepared to support your friend during and after this process.