Understanding an Affidavit Status of a Minor Child
An affidavit is a written statement by oath for evidence in court. As an affiant, you must state all the necessary information that will convince the court that you are the party who has a better right over the custody of the minor child. You can also attach certain documents to support your claim.
Divorce is not an easy process to go through. It involves examination of the existing laws and legal technicalities that will affect your case. This is why the advice of good lawyers is highly needed. When it comes to ending the marriage, there are many aspects in your life that will change.
First of all, you will need to divide all the properties that were acquired during the marriage. Under the absolute community type of property regime, all the properties that were purchased and earned by the spouses during the subsistence of the marriage belong to them in equal shares. There is no regard as to whose efforts the properties were brought into the marriage. During the divorce proceedings, the judge may order the accounting of all the assets and liabilities of both the husband and the wife.
Another issue that needs to be settled upon the pendency of a divorce case is the custody of the children. The primary question that needs to be answered is: who among the parents will have custody over the kids? What if there is only one son or daughter involved? What if the child is a minor? Who will exercise the right to choose for the custody?
In most cases, it is the judge who will state in his or her order as to who among the parents will have custody over the minor child. The determination of the judge will be based on the different factual circumstances attending the case and on the findings or recommendations of the jury. However, it is highly recommended that if you want to have custody over your son or daughter, you must file an affidavit before the court where the petition for divorce had been filed.
All these can be made easier through the assistance of a good divorce lawyer. It is imperative on your part to do extensive research about the issue of child custody. However, if you want direct legal advice, you can get in touch with someone who is knowledgeable about the topic. Just make sure that your lawyer is someone that you can trust completely. Child custody cases can be complicated.
In divorce cases, you must always be careful in the legal steps that you take. Every move will have an effect on how the case will end. After the divorce case is settled, your life will completely change. Your job is to make sure that when it does, you are on the winning side.
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!