The Affidavit disclosing Care or Custody proceeding

The Affidavit Disclosing Care or Custody Proceeding is a form you have to file in court cases that involve a child.

The form tells the court if there are already any court orders about your child. It also tells the court if any judge is making decisions about your child now.

When you sign the form you swear that the information on it is true and complete as far as you know.

You do NOT need to file the Affidavit if the case is:

• a delinquency case, like a complaint that claims the child has broken the law.

You DO have to file the Affidavit in these cases if a child is involved:

• Complaint for Divorce,
• Joint Petition for Divorce
• Complaint for Separate Support,
• Complaint for Support-Custody-Parenting Time,
• Complaint to Establish Paternity
• Guardianship of Minor,
• Abuse Prevention,
• Care and Protection,
• Grandparent Visitation,
• Child Requiring Assistance,
• Adoption,
• Change of Name of Minor Child, and
• Any other case that is about the care or custody of your child.

You must file this Affidavit at the same time you file the other forms in the case. For example, when you file

• a complaint ,
• a petition,
• an application for a Child Requiring Assistance,
• an answer,
• a counterclaim , or
• an objection.

If any information has changed since the last Affidavit was filed, you must file a new, updated Affidavit.

File it with the Clerk-Magistrate or Register of Probate at the court that is handling this case.You can file it in person, by mail, or by e-filing if allowed for your case type.

You do not have to put the children’s address on the Affidavit if:

• The address is a shelter for victims of abuse and their children.
• You believe that you or the children are in danger of physical or emotional abuse, or
• You are filing a complaint for a 209A Abuse Prevention Order.

If it is not safe to put these addresses on the Affidavit for any of these reasons, you can ask the court to keep the addresses confidential.

To ask the court to keep your addresses confidential:

1. Check the box in Section 3 of the Affidavit.
2. Leave empty the boxes for addresses in sections 4 and 5 of the Affidavit, and
3. Do not put the addresses in Sections 10 and 11 where it says ADDRESSES TO BE KEPT CONFIDENTIAL. Prepare and file a Motion to Impound and ask for the court’s permission not to list your address.
   

Do I have to give a copy of my Affidavit Disclosing Care or Custody Proceeding to anyone besides the court?

You have to give a copy only of the first page of the Affidavit to all other parties in the case.