Affidavits oftentimes play a role in child custody proceedings, according to "Child Custody A to Z" by Guy J. White. As statements made under oath, affidavits provide information for use by the judge in making decisions regarding the ultimate custodial arrangement created in a particular paternity, divorce, legal separation or annulment proceeding.
Legal Custody Affidavit
A legal custody affidavit is designed to set forth facts pertaining to which parent should be permitted to make major life decisions for a minor child, according to the Cornell University Law School. A legal custody affidavit typically contains two general types of information. First, the affidavit details which parent has historically made decisions on behalf of the child. Second, the affidavit also provides facts pertaining to the decision-making abilities of each parent as well as information about their mental and physical health.
Physical Custody Affidavit
A physical custody affidavit exists to delineate facts supporting the award of primary residential placement to a parent, according to Cornell University Law School. Information in such an affidavit includes an examination of the living situations of the parents as well as who else resides with a particular parent. A physical custody affidavit also explores issues surrounding the availability of the parents to spend time directly with the children as well as issues surrounding the physical and mental health of both the mother and father.
Parenting Time Affidavit
A parenting time affidavit also plays a role in custody cases. Parenting time, also known as visitation, is the time the non-custodial parent spends with the children. The affidavit focuses on the non-custodial parent's relationship history with the children, her current living situation, and her general physical and mental health. The affidavit addresses whether any reasons exist to limit parenting time. For example, if the non-custodial parent has a history of drug abuse, this fact is mentioned in the affidavit for the purpose of seeking a parenting time limitation. An example of such a limitation is supervised visitation.
- "Child Custody A to Z;" Guy J. White; 2005
- Cornell University Law School: Child Custody Overview
- NOLO: Child Custody FAQ