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Affidavit Child Custody

When do Family Courts in Kentucky require an Affidavit in Child Custody Actions?  Why are Affidavits required in Kentucky Child Custody Actions?  These are questions I am frequently asked.

An Affidavit is a sworn statement which is submitted to Court which, typically, describes the factual basis for a desired action by the Court.  In Kentucky Family Court, one (1) area when an Affidavit (and, sometimes, Affidavits) is required is Child Custody.  This includes Child Custody within a Divorce.

Kentucky Revised Statute 403.350 requires that “A party seeking a temporary custody order or modification of a custody decree shall submit together with his moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his affidavit, to other parties to the proceeding, who may file opposing affidavits”.  Temporary Custody refers to that period between the filing of an action (like a Petition for Dissolution of Marriage) and the final Order in the case (like a Decree of Dissolution of Marriage).  Custody is always modifiable by Louisville Family Court.

As I said, sometimes more than one (1) Affidavit is required.  If you ask Kentucky Family Court to change to a Custody Decree within the first two (2) years of its entry, then KRS 403.340 requires that you file at least two (2) Affidavits which give “…reason to believe that:

  • (a)  The child’s present environment may endanger seriously his physical, mental, moral, or emotional health; or
  • (b)  The custodian appointed under the prior decree has placed the child with a de facto custodian”.

Kentucky Family Court will insist on an Affidavit in your Child Custody action. The way I tend to explain an Affidavit is that Family Court requires an entry level investment from parties on certain issues, particularly those surrounding their children.

The Affidavit is not evidence, but can be introduced at a Hearing.  The Affidavit does not replace testimony.  However, Family Court may issue a Temporary ruling based upon the Affidavit.

I will work with you to prepare the documents you need before you appear in Kentucky Family Court in your Divorce or Child Custody case.  It is important that you tell the Court what is important to you in your Affidavit.

If your family is going through a change, please feel free to give me a call.  If you are not ready to call, please feel free to learn more at jrlloydlaw.com or  The Louisville Divorce Attorney or The Louisville Divorce Lawyer before we talk.  Also, you may want to take a look at http://thelouisvilledivorcelawyer.com/2016/10/06/child-custody-affidavit-for-louisville-family-court/ and http://thelouisvilledivorcelawyer.com/2016/09/18/louisville-school-choice-child-custody-cases/ for further information.  Thanks for reading.

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