A Custody Affidavit is a fundamental legal document required in Indian custody proceedings, whether as part of divorce cases, guardianship applications, or independent custody disputes. This document becomes necessary when establishing, modifying, or confirming custody arrangements for minors under Indian jurisdiction. The affidavit must comply with the Guardians and Wards Act, 1890, and other relevant Indian family laws. It serves as a sworn statement detailing the deponent's personal information, relationship with the child, financial stability, living arrangements, and ability to provide proper care. The document is particularly crucial in cases involving custody disputes, international custody arrangements, or situations where formal documentation of custody status is required for administrative or legal purposes.
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1. Declaration and Verification: Opening statement confirming this is a sworn affidavit and verification of the deponent's identity
2. Personal Details: Information about the deponent including full name, age, religion, occupation, and current residential address
3. Relationship to Child: Details of the relationship between the deponent and the child(ren) in question
4. Child's Information: Full details of the child(ren) including name, age, current residence, and educational status
5. Current Custody Arrangement: Description of existing custody situation and living arrangements
6. Reasons for Custody: Detailed explanation of why the deponent is seeking/maintaining custody and how this serves the child's best interests
7. Financial Capacity: Statement of deponent's financial ability to care for the child
8. Child's Welfare Arrangements: Details of provisions for child's education, healthcare, and general welfare
9. Declaration of Criminal Record: Mandatory declaration regarding any criminal records or pending cases
10. Oath and Signature: Final sworn statement and signature section
1. Previous Court Orders: Include when there are existing court orders relating to custody or maintenance
2. Visitation Rights: Required when arranging access rights for non-custodial parent or family members
3. Medical History: Include when child has specific medical needs requiring special attention
4. International Travel Provisions: Required when there's possibility of international travel or residence
5. Religious Upbringing: Include when specific religious education or practices are part of custody arrangement
6. Property/Inheritance Rights: Include when child has specific property or inheritance interests to be protected
1. Birth Certificate: Certified copy of child's birth certificate
2. Income Proof: Documentation of deponent's financial status and income
3. Educational Records: Current school records and academic progress reports
4. Medical Records: Child's health records and vaccination history
5. Residence Proof: Documentation proving current residential address
6. Character Certificates: References attesting to deponent's character and ability to care for child
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