How to Write a Character Affidavit for Child Custody

Step-by-Step Guide

1. 1

   Step 1: Understand why your affidavit is needed and how it will be used.

   Before you agree to provide an affidavit, learn what facts are at issue in the case that make an affidavit necessary.
   
   Make sure you're not being asked to say something that you don't believe or to testify to facts you haven't observed.
   
   If it can be proven that you lied in an affidavit, you can be prosecuted for perjury.
   
   Since the affidavit will be filed as part of the case, it will become a public record that anyone can access later.
   
   A copy also will be provided to the other side in the custody dispute.
   
   Find out the issues involved.
   
   You know that custody is being contested.
   
   You should also understand why, so you can stick to the facts that will be relevant to resolving the contested issues.
   
   For example, if custody is contested because one parent claims the other is an alcoholic, any information included in your affidavit should focus on that issue.
   
   If you introduce extraneous matters, you're wasting the court's time.
2. 2

   Step 2: Talk to the attorney who will draft the affidavit.

   The attorney may want to interview you personally regarding your observations, or s/he may ask you simply to write them down.
   
   In the latter case s/he may follow up with questions later if s/he needs more information.
   
   Depending on what you say, the attorney may ask you for supporting documents or other evidence to corroborate your statement.
   
   For example, suppose you're the child's baseball coach and you're discussing the parent's involvement in the child's activities.
   
   You mention that the parent often kept score at games.
   
   The attorney might ask to see score sheets his client completed. , The attorney may omit any hyperbole or melodramatic statements you make and may change your wording a bit to suit legal style and format.
   
   The affidavit should include only observations you have previously discussed with the attorney. , You are signing your affidavit under oath and penalty of perjury, so if there's anything there that you're not 100 percent comfortable saying, you shouldn't sign the affidavit until it's corrected so that you completely agree with it. , To be valid in a court of law, affidavits must be witnessed by a notary public licensed in your state.
   
   Since an attorney has drafted your affidavit, s/he probably will provide a notary public and arrange for you to sign your affidavit, usually in the attorney's office. , Affidavits often are used to establish custody temporarily.
   
   However, if your statements are to be used to help make a permanent custody arrangement, you will probably be required to testify in open court.
3. 3

   Step 3: Review the statements written in the affidavit.

4. 4

   Step 4: Provide suggestions for revision if necessary.

5. 5

   Step 5: Sign the affidavit in the presence of a notary.

6. 6

   Step 6: Appear in court if necessary.

Detailed Guide

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