Child Custody Declarations

A child custody declaration, also known as a custodianship declaration, is made and signed by the person claiming custody of a child to affirm that person’s claim to that kid. The names, residences, dates of birth, and contact information for the child’s parents or legal guardian are all standard pieces of information to put on the form.

Custodian declarations may be notarized by us. The declaration signer (the custodian) must come into our office and sign the document in the presence of a Notary Public. To prove your identity in front of the Notary, you’ll need to provide a government-issued picture ID like a driver’s license, passport, permanent resident card, or citizenship certificate. You must have your complete name and a recent picture on the paperwork. Signature notarization requires a personal appearance before a Notary Public.

If you are unable to come to our office, we may come to you and act as a notary public. At the moment, appointments for this service are only possible in the Greater Toronto Area. For further information, check out the Mobile Notary section of our site.

FREQUENTLY ASKED QUESTIONS

A child custody declaration is a legal document that consists of a statement detailing who has legal authority to make decisions about the upbringing and welfare of the child in question. It also includes specific details about where the child will live, how much time they will spend with each parent, and other important aspects of their life. 

Legal custody refers to the ability to make decisions on behalf of your child, while physical custody refers to where the child lives. A parent can have legal custody without having physical custody, so consider all child custody options before deciding on what to pursue. 

Some states expect unmarried mothers to file for custody, while in other states unmarried mothers are automatically given custody of their children. To know best, read up on the child custody laws in your state and whether or not you need to file for custody officially if you’re unmarried. 

Child custody is determined by the court, based on the best interests and needs of the child. Factors that may be considered include the child’s relationship with each parent, the child’s needs and preferences, and each parent’s ability to provide for the child. 

If a parent does not comply with the declaration, the other parent can file a motion with the court, asking for strict action. The court would then consider ordering the non-compliant parent to pay fines, or even face jail time in some states. 

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