Child custody issues can be a point of contention during a divorce. A judge must gather as much evidence as possible before determining which parent will be granted custody of the children, and declarations are a valuable tool that judges use to accomplish this task.

A declaration is essentially a written statement that is submitted to the court. The statement is treated as if you delivered it from the witness stand, so you must be honest and forthright when drafting a declaration. Here are a few tips that you can use to successfully write a child custody declaration for the family court.

1. Follow the Rules of Court

All courts have rules when it comes to the format and length of the documents they will accept into evidence in a case. Family courts typically place a limit on the number of pages that can be included in a declaration to ensure these statements are direct and easy for a judge to evaluate.

You will need to work closely with your attorney to identify any rules that may apply to your declaration, then prepare a statement that complies with the rules of the court that is overseeing your divorce case.

2. Stick to the Facts

Any misleading information that you provide in your declaration could work against you in the future. It's important that you stick to the facts when preparing your statement.

You want to avoid using derogatory language or speaking ill of your spouse in the declaration. Simply present the facts as you know them to be true, then allow a judge to determine if the events you have sworn to in your declaration should influence a child custody outcome.

3.  Include Pertinent Documents

You are encouraged to include any documents that support your statements along with your declaration when submitting the declaration to a family court. These documents can include copies of emails, pay stubs, school records, or text messages that pertain to your child custody case. Do not alter these documents in any way, as that could be considered tampering with evidence and land you in some legal trouble.

The documents do not count against your allowable page limit, so feel free to include as many documents as you can find that will support the information you have provided the court through your written declaration.

Declarations can have a significant impact on the outcome of a child custody case, so it's important to know how to draft an effective child custody declaration. Reach out to a divorce lawyer like Gomez May LLP for more information.