How to File a Responsive Declaration For Child Custody

Overview
If you find yourself involved in a divorce or similar type of proceeding during which your spouse or partner seeks custody of your children, you must understand the process for responding to him.
Rift Gold At the heart of countering the other parent's motion for custody is a responsive declaration or pleading, according to the book "Child Custody A to Z," by Guy J. White. In your response you must demonstrate that granting custody to the other parent is not in the best interests of the child; this standard is the one used by courts across the United States to make custody determinations, according to Cornell University Law School.

Step 1
Go to the clerk of the court where the motion for custody was filed by the other parent. Request a copy of a response to motion, together with instructions. Typically, court clerks maintain the standard forms needed to pursue and defend against a child custody motion.

Step 2
Complete the response, RIFT Platinum following the instructions provided to you by the clerk.

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Step 3
Include a statement that granting the other parent custody as requested is not in the best interests of the children.

Step 4
Cite facts to support your contention that custody with the other parent is not suitable. These can include the following factors: the other parent historically was not the primary caretaker of the children; rift gold the other parent lacks a proper residence to maintain the children; or the other parent's health precludes her from appropriately tending to the needs of the children.

Step 5
Include a statement that the best interests of the children can be served by awarding custody to you. RIFT Platinum Set forth facts supporting this contention.

Step 6
Sign the response to the motion and send a copy to the other parent.

Step 7
Return to the clerk of the court and formally file the response to the motion by handing the document to a member of the clerk's staff.