The affidavit should state the basis for the affiant’s personal knowledge of the facts alleged. See the practice notes at section 8.58.
An unsworn declaration may be used in place of an affidavit. See section 8.58 and form 8-27.
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Affidavit for UCCJEA Information
[Name of affiant] appeared in person before me today and stated under oath:
“My name is [name of affiant]. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
“I am the [Petitioner/Respondent/[other party designation]] in this case.
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Include 1. if applicable. |
1.Request for Nondisclosure of Identifying Information
§ 152.209(e)
“Disclosure of identifying information would jeopardize the health, safety, or liberty of [name[s] of party and/or child[ren]]. Affiant requests that the Court order that identifying information concerning [name[s]] be and remain sealed and that the information not be disclosed to [name[s] of other party[ies]] or to the public.
2.Child[ren]
§ 152.209(a)
2.A.Present Address
“The child[ren]’s present [address is [address]/whereabouts are [describe]].
2.B.Address[es] for Past 5 Years
“For the past five years immediately preceding the date of this affidavit, the child[ren] [has/have] lived at the following address[es] with the following person[s]:
Address[es]:
Person[s] lived with:
From [date] until [date].
“The present address[es] of [name[s] of person[s] listed in above paragraph] [is/are] [specify].
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Repeat the above information as needed. |
3.Participation in Other Proceeding
§ 152.209(a)(1)
3.A.No Participation
“I have not participated, as a party or as a witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child[ren] in Texas or any other state.
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Or |
3.B.Participation
“I have participated as a [capacity in which participated, e.g., witness, party] in other proceedings concerning the custody of or visitation with the child[ren] in [Texas/[specify other state]] in [cause number] in [court]. [Include if applicable: A child custody determination was made in that proceeding on [date].]
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Repeat the above information as needed. |
4.Proceeding Affecting Current Proceeding
§ 152.209(a)(2)
4.A.No Knowledge of Proceeding
“I do not know of any proceeding that could affect this proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions.
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Or |
4.B.Knowledge of Proceeding
“The following proceeding could affect the current proceeding: [identify the court, the cause number, and the nature of the proceeding].
5.Nonparty with Custody or Claims
§ 152.209(a)(3)
5.A.No Knowledge of Nonparty
“I do not know of any person not a party to this proceeding who has physical custody of the child[ren] or claims rights of legal custody or physical custody of, or visitation with, the child[ren].
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Or |
5.B.Knowledge of Nonparty
5.B.1.Nonparty with Physical Custody
“The following person[s] have physical custody of the child[ren]: [state the name[s] and address[es] of the person[s]]. [”]
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And/Or |
“The following person[s] claim rights of [legal custody of/physical custody of/visitation with] the child[ren]: [state the name[s] and address[es] of the person[s]]. [”]
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Repeat paragraph 5.B.2. as needed. |
•Further Information
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If any information in 3., 4., or 5. is in the affirmative, the affiant shall give additional information under oath as required by the court. |
[Name of affiant]
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas