A Custody Affidavit is a crucial legal document used in German family law proceedings to formally declare facts about child custody arrangements. This document is particularly important when parents need to establish, modify, or verify custody arrangements, or when dealing with international custody matters. The affidavit must comply with German legal requirements, including relevant sections of the German Civil Code (BGB) and family law procedures (FamFG). It typically contains detailed information about the child's living situation, care arrangements, and other relevant circumstances. The Custody Affidavit serves as evidence in court proceedings, can be required for administrative purposes, and is often necessary when dealing with authorities both within Germany and internationally. It must be executed with awareness of the legal consequences of false statements under German law.
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1. Declaration Header (Eidesstattliche Versicherung): Formal declaration stating this is an affidavit, including date and location of declaration
2. Affiant Information: Full legal name, address, and identification details of the person making the affidavit
3. Child Information: Complete details about the child(ren) including full name(s), date(s) of birth, and current residence
4. Current Custody Arrangement: Detailed description of the existing custody situation, including any court orders or agreements
5. Factual Statement: Detailed account of relevant facts regarding the custody situation, living arrangements, and care responsibilities
6. Declaration of Truth: Formal statement confirming awareness of the legal consequences of false statements in an affidavit
7. Signature Block: Space for date, location, and signature of the affiant
1. Other Parent Information: Details about the other parent when relevant to the custody matter, used when addressing joint custody or custody disputes
2. Travel Authorization: Section addressing permission for international travel, included when there are cross-border considerations
3. Support Arrangements: Information about child support and financial arrangements, included when relevant to the custody matter
4. Educational Arrangements: Details about schooling and educational decisions, included when education is a key aspect of the custody arrangement
5. Medical Care Authority: Specific details about medical decision-making authority, included when there are special healthcare considerations
1. Schedule A - Supporting Documents: Copies of relevant documents such as birth certificates, existing court orders, or agreements
2. Schedule B - Visitation Schedule: Detailed schedule of visitation rights and arrangements, if applicable
3. Schedule C - Communication Protocol: Details of how parents will communicate regarding the child and make decisions, if joint custody
4. Schedule D - Special Provisions: Any special arrangements or considerations specific to the child's needs or circumstances
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