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NEED ADVICE: Affidavit for Child Custody

 
Kaytee
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User ID: 163167
United States
11/28/2006 12:00 AM
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NEED ADVICE: Affidavit for Child Custody
Hey All!
Need some help here. I'm writing an affidavit for my friends Custody case and am having difficulites on what points I should express in it...anyone done this before?

My friends really deserve custody and the mother in the case is really unfit. There are three children 14, 11, and 7. The 11 year old is Autistic and is not getting the care he needs for development. My friend is in the Army and his wife (the stepmom) is a stay at home mom. If anyone has anything good to add I'd appreciate it.

So far the judge seems to be leaning their way but wanted affidavits from their close friends to be considered. So this is really important.
Anonymous Coward
User ID: 156468
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11/28/2006 12:17 AM
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Re: NEED ADVICE: Affidavit for Child Custody
If the woman doesn't know what you are doing...get passports for the kids and leave the country.
taketheredpill
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11/28/2006 12:19 AM
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Re: NEED ADVICE: Affidavit for Child Custody
Just be honest. Tell what you know. And tell your friend to be prepared for the 14 yr old to be put on the stand and state whether they want to leave the mom or not. That will weigh the most in the decsion.
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User ID: 163139
Canada
11/28/2006 12:24 AM
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Re: NEED ADVICE: Affidavit for Child Custody
Just be honest. Tell what you know. And tell your friend to be prepared for the 14 yr old to be put on the stand and state whether they want to leave the mom or not. That will weigh the most in the decsion.
 Quoting: taketheredpill 125467

Yeah a lot depends on the 14 year old.
all you can say is that you have an opinion that your friend and new wife would be good parents.
In the end, the kids will do what they want to do.
It's important to let the children know, that whatever the court decides, they are always wanted.
owner of an extensive collection of curios from the exotic orient
Prof-Rabbit

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Australia
11/28/2006 12:28 AM
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Re: NEED ADVICE: Affidavit for Child Custody
What is truly best for the children is to have two loving parents who think above their personal differences.

Most parents see the children as weapons to hurt each other, reading between the lines that's the case here.

End result is you will place "blame" on the other parent with you affidavit and forever damage the children.

Yes, the children, every word you write will in some way seperate one parent from the children, causing anger, pain and suffering.
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Kaytee (OP)

User ID: 163167
United States
11/28/2006 12:43 AM
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Re: NEED ADVICE: Affidavit for Child Custody
Thanks for the input...custody cases in general are heartbreaking. Maybe this case doesn't need another affidavit, maybe a little positive thinking will do it...
Anonymous Coward
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11/28/2006 01:14 AM
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Re: NEED ADVICE: Affidavit for Child Custody
Most judges will rule that children are unable to decide what is best for them until they are 16. (been there, done that)

The best thing you can do is be there for the parent trying to get custody.

And be there for the kids also - a shoulder to cry on or an ear to hear.

I went thru that hell for 14 years. Still fight with my so called mother, now she is trying to take my kids away from me.
Lucy
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11/28/2006 01:22 AM
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Re: NEED ADVICE: Affidavit for Child Custody
Hello,
I would just tell what kind of people they are and how there family seems i.e. happy, Loving, etc.

And if you have witnessed them as Parents with all the children just write what you felt as you observed them together.

I had somoeone do this for me in a similar situation.

Blessings,
Lucy
HeyUoverthere
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11/28/2006 01:39 AM
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Re: NEED ADVICE: Affidavit for Child Custody
First and foremost be honest. I would keep from making any reference to the birth mother unless this is in fact something you have observed personally. I don't know if you personally know the mother or if your categorization of her being "unfit" is the product of the opinion held by your friends.

You state that your friends would be fit parents then you should stick to deposing those facts that substantiate that belief and state examples and circumstances you have personally observed.

The judge will want to know how long you have known these people and the nature of your relationship to them. He or she will weigh your evidence based on a variety of factors.
You should number each paragraph of your affidavit for ease of reference.

Hope things work out for the best!
The Commentator

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11/28/2006 01:47 AM
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Re: NEED ADVICE: Affidavit for Child Custody
What the others said: BE HONEST.

Just the facts.

NO hearsay, only write about things you have personally seen or heard.

If you express opinion, LABEL IN OPINION CLEARLY!

Good luck.
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