Educate yourself about the types of child custody. What is it for.
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How To Write A Declaration Letter For Child Custody
You usually use declarations when filing or responding to motions in court.
Why does declaration letter for child custody. If a parent is in prison they are not going to be able to provide a home or care for the child. Obtaining sole custody when the parent is absent will protect your child if the parent a virtual stranger decides to resurface years in the future and take custody. In a child custody case judges and custody evaluators assess what arrangement is in the childs best interests.
Instead the courts fail to determine that either adult is the better parent and decide to rule in favor of joint custody which can be joint legal custody or joint physical custody. Sometimes neither parent is the one to win child custody. A declaration is a written statement sworn to be the truth under penalty of perjury by any person who has direct knowledge about the issues in a court case.
How to write a declaration in a family law case what is a declaration. Find out the issues involved. Full custody allows one parent to have both legal and physical custody of a child while joint custody allows both parties to share physical andor legal custody of a child.
You know that custody is being contested. A character letter can serve as a type of evidence attesting to a. Just like a reference letter for a job a character reference for child custody speaks on behalf of a parent explaining why he or she should have custody of hisher child.
These letters give a judge a more personal in depth look at how involved the parent has been as well as how the parent has positively impacted the child. If youre going through a divorce youll want to know whether your child will live primarily with you and if not whether will youll be able to make important decisions as to how your child will be raised. However it does give herhim an additional support and a well written letter will definitely make some difference that is necessary in turning the tables in herhis favor.
To assess the best interests of the child the court may consider the character of each parent and their ability to meet the childs needs. Parents should recognize that a ruling of joint custody is not necessarily a loss. In any situation where child custody rights are at issue a number of key questions are raised.
A child custody reference letter is not the only thing that vouches for an individuals capability as a parent. You should also understand why so you can stick to the facts that will be relevant to resolving the contested issues. If you are filing for child custody the judge may ask you to write a letter of declaration that explains your side of the story for example if the other parent contests your custody or if a representative for your child such as a guardian ad litem has filed a report with the court recommending a different custody arrangement than the one you requested.
Generally the courts prefer for both parents to share physical and legal custody of a child if possible. 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.
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