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Affidavit Practice & Procedure

Quick Facts

Affidavits are an important part of requesting and modifying orders.

The parent who is seeking a temporary custody order or modification of a custody order, through his or her attorney, submits, together with moving papers, an affidavit detailing the facts supporting the requested order or modification. The parent's lawyer then gives notice, together with a copy of the affidavit, to the other parent or involved parties to the proceeding. The responding parent or other parties may then file opposing affidavits.

The affidavit of the parent seeking modification will be given slightly more weight than the responding affidavit, generally, but the responding parent is still given a full opportunity to explain or challenge the other parent's side of the story.