A child custody affidavit is a sworn statement that tells the court where your child has lived over roughly the last five years, who has shared the household, whether any other legal proceedings involve the child, and whether anyone besides the parties claims custody or visitation. You file it with your first pleading, whether you’re starting a case, modifying an order, or responding to someone else’s petition. The requirement comes from the Uniform Child Custody Jurisdiction and Enforcement Act, adopted in 49 states and the District of Columbia, and the court uses what you disclose to confirm it has the authority to decide custody at all.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997)
Both sides file. The UCCJEA requires that “each party, in its first pleading or in an attached affidavit” provide the required information under oath, so there is no exemption for the responding parent.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997)
What You Have to Disclose
The affidavit covers three categories. Gather the information before you sit down with the form.
The Child’s Residency History
Account for every place the child has lived during the past five years, or since birth if the child is younger than five. For each address, list the full street address, the dates the child lived there, and the names and current addresses of every person who lived with the child during that time.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997) That means roommates, relatives, and romantic partners, not just parents. Work backward from the current address.
The statute uses the phrase “if reasonably ascertainable,” which gives you some room when you genuinely cannot track down a former roommate’s current contact information. The bar is higher than people expect, though. Judges want to see a real effort, especially for anyone who may have had a relationship with the child.
Prior and Pending Court Proceedings
You must disclose any other proceeding you’ve been involved in concerning custody or visitation of the child, and any pending case you know of that could affect the current one. That includes earlier custody disputes, domestic violence proceedings, protective orders, termination of parental rights cases, and adoptions.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997) For each, provide the court name, case number, and either the date of the determination or a description of the proceeding’s current status.
This is where filers most often stumble. A protective order from three years ago, or a brief dependency investigation you thought was closed, can still be relevant. When in doubt, disclose. Leaving something out looks far worse than including something that turns out not to matter.
Other People With Custody Claims
If anyone besides the parties has physical custody of the child, or claims legal or physical custody or visitation rights, you must provide their names and addresses. That catches grandparents, stepparents, or other relatives who are caring for the child or who have filed a separate action.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997)
If Disclosing Your Address Would Put You in Danger
The UCCJEA has a safety valve. When a party states under oath that sharing identifying information would jeopardize the health, safety, or liberty of a party or child, the court must seal that information. It stays sealed unless the judge holds a hearing and specifically determines that disclosure serves the interests of justice.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997)
Most states also run address confidentiality programs that let domestic violence survivors use a substitute mailing address on government documents, including court filings. A state agency receives mail at the designated address and forwards it to the participant. Enrollment does not affect the enforceability of custody orders. If you’re in a dangerous situation, ask the court clerk about filing an address confidentiality affidavit before you submit your custody paperwork.
Completing the Form
Get the correct form from your local court clerk’s office or your state’s judicial branch website. Most courts provide a standardized template that walks through each required disclosure. The form opens with the case caption, meaning the parties’ names and the docket number. If no docket number has been assigned because the case is new, leave that field blank and the clerk will add one when your petition is processed.
Fill in the residency history chronologically, starting from the child’s current address and working backward through the five-year window. Be precise with dates. Discrepancies between the affidavit and other filings draw attention from opposing counsel and slow the case down.
Leave the signature and date lines blank until you’re in front of the person administering the oath. Since the affidavit is a sworn statement, signing at your kitchen table and then taking it to a notary defeats the purpose. The notary or clerk needs to watch you sign and swear to the truth of what you’ve written.
Notarization, Filing, and Service
Sign the affidavit in the presence of a notary public or a clerk of court authorized to administer oaths. Bring a valid government-issued photo ID. The official will verify your identity, witness your signature, and apply a seal or stamp. Notary fees for a standard signature typically run between $2 and $20, depending on the state. Banks, libraries, and shipping stores often offer notary services.
After notarization, submit the affidavit with your petition or responsive pleading. Many courts accept electronic filing and give you an immediate digital receipt. If you file in person or by mail, ask the clerk to stamp a copy for your records. Custody petition filing fees vary widely by jurisdiction; if you cannot afford the fee, most courts let you request a waiver by submitting a financial disclosure.
Filing is only half the job. The other party must also receive a copy, either through formal service of process or by mail with a certificate of service attached. A professional process server handles personal delivery, with fees that generally run from $20 to $100 depending on location and how hard the person is to find. Some jurisdictions allow service by certified mail for certain filings. Once service is complete, file proof of it with the court.
Your Ongoing Duty to Update the Court
Filing once does not end the obligation. Each party has a continuing duty to inform the court of any proceeding in any state that could affect the current case.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997) If someone files a protective order in another state, if a grandparent starts a visitation action, or if a move changes the child’s potential home state, notify the court promptly. A supplemental affidavit or a written notice is the standard way to do it.
What Happens If You Leave Something Out or Lie
If you fail to provide the required information, the court can stay your entire case, freezing all proceedings until the disclosure is complete.1U.S. Department of State. Uniform Child Custody Jurisdiction and Enforcement Act (1997) No temporary custody orders, no hearing dates. If you’re the petitioner, a stay works against you because it delays the relief you’re asking for.
Intentionally providing false information is worse. The affidavit is signed under oath, so false statements expose you to perjury charges. Federal perjury law carries penalties of up to five years in prison and fines up to $250,000, and state perjury statutes impose similar penalties.2Congressional Research Service. False Statements and Perjury: An Overview of Federal Criminal Law The UCCJEA itself also lets a court decline jurisdiction entirely when a party has engaged in unjustifiable conduct, and charge that party for the other side’s attorney’s fees, travel, investigative costs, and other expenses tied to the misconduct.3Office of Juvenile Justice and Delinquency Prevention. The Uniform Child-Custody Jurisdiction and Enforcement Act
Disclose everything, including information you think might hurt your case. A judge who finds out you withheld a prior proceeding or shaved the truth on an address will question everything else you’ve filed.