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Draft
Outline a custody declaration the judge can verify
Turns the client's account into a declaration outline organized by your state's best-interest factors, every incident pinned to a date, a witness, and an exhibit, with the other parent's real strengths conceded up front.
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2
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3
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See an example of what you’ll get
Declaration of Sara Lin in Support of Request to Modify Custody and Visitation
In re Marriage of Lin, No. FL26-1142 (Cal. Super. Ct., Alameda Cty.)
Background. I am Lila's mother. Lila is 7 (DOB 11/4/2018). The current order, entered June 2024, gives Mr. Lin alternating weekends with overnights. I ask the Court to suspend overnights until he documents 90 days of sobriety, and to give me sole authority over medical decisions for the next 12 months.
Mr. Lin's strengths. Mr. Lin attends most of Lila's soccer games and knows her teammates' names. His mother, who lives ten minutes from him, has cared for Lila since she was an infant and they are close. He has worked at Bayview Logistics for nine years. Lila is happy to see him. I am not asking the Court to cut off their relationship.
Factor: health, safety, and welfare of the child (Fam. Code § 3011(a)(1)) [UNVERIFIED - confirm current subdivision numbering].
- *March 14, 2026, 3:00 p.m., Lakeside Elementary.* Mr. Lin was scheduled to pick Lila up. He did not arrive. The school office called me at 3:42 p.m. (Ex. A, call log). He returned my call at 6:15 p.m. and said he had lost track of the day (Ex. B, text 3/14 at 6:19 p.m.: "lost track of the day, is she with you").
- *April 2, 2026, 6:00 p.m., school office exchange.* I smelled alcohol on Mr. Lin from about three feet away. Vice Principal Maria Reyes was present and walked Lila to my car (Ex. C, email from Ms. Reyes dated 4/2/26). [HEARSAY - Ms. Reyes's email states her own observation; secure her declaration rather than relying on the email.]
Factor: co-parenting and each parent's ability to support the child's relationship with the other.
- I have not withheld or shortened any of Mr. Lin's scheduled time since the June 2024 order (Ex. D, shared calendar).
- Mr. Lin cancelled or shortened 6 of the last 14 scheduled visits, each time within four hours of the exchange (Ex. E, texts).
- *April 19, 2026.* Mr. Lin sent a group message that included Lila's tablet: "your mother is crazy and everyone knows it" (Ex. F).
Request. Primary residence with me. Mr. Lin alternating weekends Friday 4:00 p.m. to Sunday 6:00 p.m., plus Wednesday dinners 5:00 to 7:00 p.m., no overnight. Overnights resume on 90 consecutive days of documented testing. Exchanges curbside at Lakeside Elementary on school days and at his mother's home (44 Pine St.) otherwise. Communication through a parenting app within 30 days; emergencies by phone. Joint legal custody, with sole medical authority to me for 12 months while Lila is in treatment for anxiety.
Cannot support yet. That Mr. Lin drove Lila after drinking. I believe it, and I have no observation, witness, or record of it. It stays out unless the treatment or DMV records show it.
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Assumptions I made. That the June 2024 order is the operative one [verify]. That Ms. Reyes will sign a declaration [verify - the email alone is hearsay]. That the two DUI judgments are admissible and final [safe if certified copies].
Where this is weakest. "I smelled alcohol from about three feet away" is the linchpin of the overnight restriction and rests on one lay observation; without Ms. Reyes's declaration it is one parent's word. And the paragraph on cancelled visits reads as a tally rather than an effect on Lila. Tie it to what she did that afternoon.
What only you can decide. Whether the drinking history goes in this declaration. It is the strongest material you have and the only basis for the overnight restriction, but it guarantees a responsive declaration, likely an evaluation, and the end of any cooperative posture. The alternative (asking for an evaluation first and holding the incidents back) keeps the temperature down but leaves your restriction request looking unsupported. Also yours: whether to ask for sole medical authority now, which is achievable on the anxiety-treatment facts, or to keep joint legal intact and preserve goodwill for the schedule fight.
What would make this materially better. (1) Ms. Reyes's own signed declaration. (2) Certified copies of the DUI judgments. (3) Lila's pediatric or therapy records establishing the treatment need behind the medical-decision request.
Why this prompt is built the way it is
## Framework
1. **Structure follows posture, headings follow the statute.** An initial plan builds factor by factor; a modification leads with what changed since the last order; a response answers the other declaration paragraph by paragraph before adding anything new. Head each section with the state's own best-interest factors, named as the statute names them.
2. **Concede first.** Two or three genuine strengths of the other parent, stated without qualifiers, before any criticism. A declaration that concedes nothing gets discounted entirely.
3. **One incident, one fact, fully pinned.** Date, place, witness, exhibit. Behavior, never labels: not "he was drunk" but what was observed, by whom, at what hour. Quote written communications exactly and briefly. Anything that cannot be pinned goes on a separate list, not in the declaration.
4. **Flag hearsay on sight, and make the ask operational.** Days, times, places, decision categories, communication channel, and for any condition, the objective evidence that satisfies it. "Sole custody" is a label, not a request.