Parenting Proceeding Affidavit for the United States

Parenting Proceeding Affidavit Template for United States

A Parenting Proceeding Affidavit is a sworn legal document required in U.S. child custody proceedings that provides the court with essential information about the children's living arrangements, custody history, and related legal matters. This document, mandated by state laws and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), must be filed in any proceeding involving child custody or visitation rights. It serves as an official record of the children's residency history, existing custody arrangements, and any prior legal proceedings affecting custody rights.

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What is a Parenting Proceeding Affidavit?

The Parenting Proceeding Affidavit is a crucial document in U.S. family law proceedings involving child custody matters. This sworn statement must be filed when initiating or joining any proceeding concerning the custody of or visitation with children. The affidavit includes detailed information about the children's living arrangements for the past five years, any existing custody orders, pending legal proceedings, and persons claiming custody rights. It helps courts determine proper jurisdiction and ensure compliance with the UCCJEA. The document is designed to prevent jurisdictional conflicts and protect children's best interests by providing courts with comprehensive information about all parties involved in custody matters.

What sections should be included in a Parenting Proceeding Affidavit?

1. Personal Information: Affiant's name, address, and relationship to the child(ren)

2. Child(ren) Information: Names, birth dates, and current address of all children involved

3. Residency History: 5-year history of where the children have lived and with whom

4. Prior Proceedings: Information about any prior or pending custody proceedings

5. Other Parties: Information about anyone claiming custody or visitation rights

What sections are optional to include in a Parenting Proceeding Affidavit?

1. ICWA Declaration: Required section if any child has Native American heritage - includes tribal affiliation and ICWA applicability

2. Military Service Declaration: Declaration of military status for any parties involved in the proceeding

3. Domestic Violence Disclosure: Information about any history of domestic violence or active protection orders

What schedules should be included in a Parenting Proceeding Affidavit?

1. Schedule A - Criminal Record Check: Documentation of criminal history search results

2. Schedule B - Protection Orders: Copies of any existing protection orders

3. Schedule C - Prior Court Orders: Copies of previous custody or visitation orders

4. Schedule D - Confidential Address Form: Separate confidential filing for protected addresses

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

UCCJEA: Uniform Child Custody Jurisdiction and Enforcement Act - Federal law that establishes jurisdiction standards for child custody determinations across states

PKPA: Parental Kidnapping Prevention Act - Federal law that helps prevent parental kidnapping and establishes national standards for jurisdiction in custody cases

ICWA: Indian Child Welfare Act - Federal law that governs jurisdiction over the removal of Native American children from their families

State Family Law Statutes: Individual state laws governing family matters, custody, and parenting proceedings specific to each jurisdiction

Local Court Rules: Specific procedural requirements and rules established by local courts for parenting proceedings

Jurisdiction Requirements: Legal requirements establishing which court has authority to hear the case based on residence and other factors

Residency Requirements: Minimum time periods that children and parents must have resided in the jurisdiction before filing

Prior Proceedings Disclosure: Mandatory disclosure of any previous or ongoing custody proceedings involving the same children

Child Abuse Reporting: Mandatory disclosure requirements regarding any history of child abuse or neglect

Criminal History Disclosure: Requirements to disclose criminal history that might affect custody determinations

Best Interests Standard: Legal standard requiring all custody decisions to be made in the best interests of the child

Domestic Violence Provisions: Special provisions and protections in cases involving domestic violence history

Military Service Provisions: Special considerations and requirements for cases involving active military service members

Verification Requirements: Legal requirements for document verification, including notarization and sworn statements

Address History Requirements: Mandatory disclosure of previous addresses where the children have resided

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