What is a “factual declaration” in custody?

It’s a written statement that focuses on observable facts and dates (not opinions), often used to support motions or responses. Requirements vary by state and court.

What tone should I use?

Neutral and child-focused. Avoid insults, diagnoses, or speculation. Courts and evaluators typically trust calm, specific facts supported by proof.

How long should it be?

As short as possible while still complete. Many courts prefer concise declarations with clear exhibits and a simple timeline.

Factual Declaration Template for Custody (Copy/Paste)

If you’re overwhelmed and need structure fast, use this template. It’s designed to keep your writing neutral, date-based, and child-focused. Educational only — not legal advice.

Quick checklist

Use dates and observable facts (not labels or diagnoses).
Connect facts to child outcomes (school, sleep, health, routines).
Reference neutral proof (messages, calendars, school notes, medical summaries).
Keep it skimmable: headings, short paragraphs, and a short chronology.
Remove unnecessary personal attacks — credibility matters.

Copy/paste template

Replace bracketed text. Keep exhibits organized and consistently named (e.g., “Exhibit A — Message screenshot (2025‑10‑03)”).

DECLARATION OF [YOUR NAME]

1. I am [Your Name]. I am the [mother/father/parent] of [Child Initials], born [YYYY-MM]. This declaration is provided in support of [motion/response] regarding [topic].

2. My goal is to support the child’s best interests: stability, consistent routines, and safe, predictable parenting time.

3. Brief chronology (dates only; 5–10 bullets):
   - [YYYY-MM-DD] — [Event]
   - [YYYY-MM-DD] — [Event]

4. Facts (use date → what happened → child impact → proof):
   A. [YYYY-MM-DD] — [Exchange / incident]
      - What occurred: [neutral description]
      - Child impact: [missed school / late bedtime / emotional distress observed]
      - Proof: [Exhibit A, Exhibit B]

   B. [YYYY-MM-DD] — [Exchange / incident]
      - What occurred: ...
      - Child impact: ...
      - Proof: ...

5. Pattern summary (optional; keep it short):
   - From [month] to [month], there were [#] missed/late exchanges. Average delay: [#] minutes.
   - These incidents resulted in [specific child impacts].

6. What I am requesting (brief, child-focused):
   - [Specific request #1]
   - [Specific request #2]

I declare under penalty of perjury that the foregoing is true and correct.

Dated: [YYYY-MM-DD]      Signature: ______________________
                         [Your Name]

Neutral language examples

Instead of “They are controlling,” write “On 2025‑09‑12, the exchange location was changed 3 times within 2 hours (Exhibit C).”
Instead of “They don’t care,” write “The child missed a scheduled medical appointment on 2025‑10‑01 after transportation was not provided (Exhibit D).”
Instead of “They always lie,” write “The message sent at 4:12 pm states X, but the child was not present at the stated location (Exhibit E).”

Related guides

Want MCC to draft this from your evidence?

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Last reviewed: 2026-01-15. Disclaimer: MyCustodyCoach is not a law firm and does not provide legal advice. Information is for educational purposes only. Always check your court’s current rules for formatting, page limits, and required language.