Child custody cases involve complex legal procedures that often cause strong emotions and tension to arise between the two parents.
Determining who is the right person to take primary custody of the child is frequently a contentious process, leading to arguments that muddy the waters and make it more difficult for judges to understand what may be in the best interests of the child.
A declaration letter can become essential in such instances. It offers information on the kind of parenting plan a parent wants while also providing a clear rationale for why that particular plan may be the best one for the child.
Writing a declaration letter during a Michigan child custody case can feel daunting. It’s an important document that could impact the judge’s decision, so knowing what to include and how to word the information is paramount.
Here’s what you need to know about declaration letters in Michigan and what to include if you decide to write one.
Understanding Declaration Letters in Michigan Custody Cases
A declaration letter is a formal written statement drafted as part of a child custody case that outlines a parent’s requested custody arrangement and names any concerns they may have regarding the other parent receiving custody. This type of document is most often submitted to the family court when there are disputes over custody.
As part of the broader legal custody proceedings, the declaration letter will also include requests regarding child support. The judge will closely consider everything stated in the letter before making a decision and issuing a ruling.
Writing a declaration letter gives you the chance to explain to the judge the exact custody arrangements you’re seeking and why they’re the best option for your child. You have the opportunity to provide evidence that the arrangement you’re proposing is a better alternative than what the other parent is suggesting.
When Are Declaration Letters Necessary?
Declaration letters are typically submitted when parents can’t come to an agreement regarding custody. If you and the other parent need the family court to intervene to come up with a custody arrangement, a declaration letter can be helpful, as it gives the judge a starting point in determining the most beneficial arrangement for the child.
Although Michigan doesn’t have a blanket requirement regarding declaration letters, individual courts or judges may require them. Some judges rely on these documents to get essential insight into the parents. That way, they have the information they need before a hearing takes place.
It may also be necessary for a parent to compose a declaration letter if they’re requesting a modification to their custody order. This may occur if the parent believes that the current arrangement is unfair or isn’t in the child’s best interests.
Most of the time, a declaration letter for the modification of a settled arrangement is the result of a parent fearing for their child’s safety. It may also be warranted if there are substantial material changes in one of the parents’ or the child’s circumstances, such as a new job, relocation plans, or a developing medical condition.
What to Include in a Michigan Custody Declaration Letter
If you’re getting ready to write a declaration letter during custody proceedings, there are a few integral pieces of information you must provide. Here’s what you should include in your letter to make sure it’s valid and accomplishes its goal.
Header
First, you’ll need to create a header for the letter that includes your full name, address, phone number, email address, and that day’s date, along with a salutation containing the judge’s name and the family court name and address.
Some courts may have specific requirements for the header, so it’s a good idea to inquire with the county clerk about what you should include before you start. Doing so could save you time and trouble later on.
Introduction
In the introduction, clearly state whether you and the other parent are married and going through a divorce (or the date of the marriage dissolution if you’re already divorced), or when your relationship ended if you’re unmarried. You should also include the names and birthdates of the children you share.
Next, include a brief summary of the custody arrangements you’re requesting. If there’s already an order in place and you’re seeking a modification, explain what you’d like to see changed and why.
Background
The judge needs clear information about your family and your child’s home environment. Explain how childcare worked in your home before the divorce or the need for the custody arrangement. Who took the child to school? Which parent kept up with medical appointments? Who was in charge of after-school care?
If your child has special needs, outline them here. Include details about each parent’s work schedules, how expenses are paid, whether the child participates in any extracurricular activities, and anything else that the judge needs to know to make an informed decision.
Issues With the Current Arrangement (Optional)
If there’s already a custody order in place and you’re requesting a modification, add a section that lists the problems with the current arrangement. Keep this section as short as possible, and stick to the facts. Don’t bring emotion into it, and don’t make claims or accusations that you can’t back up with evidence.
Supporting Evidence
You must be able to offer compelling, well-considered reasons why your proposed parenting plan is in your child’s best interests. Use the next few paragraphs to go into how each parent approaches parenting.
Provide clear examples of each of your points. You can also include various forms of evidence, such as:
- Text messages
- Emails
- Parenting time records
- Medical records
- Photos or videos
- Bank statements
- Pay stubs
Offer an explanation regarding each piece of evidence you include and how it supports your request. This section will typically be the longest part of the letter, so don’t be afraid to go into as much depth as needed to make your case.
Your Specific Request
State your custody request in the plainest possible language. Be specific about the support you’re asking for, the parenting time you’d like to receive, and the schedule you’d feel most comfortable with. Briefly restate why these requests are in your child’s best interests.
Conclusion
You’ll have to swear that everything you said in your letter is true, under penalty of perjury. Some jurisdictions may ask that you get the document notarized, so don’t sign it ahead of time if that’s the case. You’ll need to do so in front of the notary for the document to be legally valid.
Tips for Writing an Effective Declaration Letter
Although writing a declaration letter may seem straightforward, there are certain steps you can take to make the process easier and improve your chances of success. Here’s what can make an impact.
Write Multiple Drafts
Don’t just start writing the letter without any prior thought or planning. Outlining each section and making notes about what to include and where can make a major difference in how organized the letter is and how smoothly it reads. The judge may become frustrated by a letter that meanders or doesn’t provide clear information.
Proofread the Letter Carefully
Before submitting the letter to the court, read through it carefully several times to spot typos, gaps in information, and unclear or rambling sentences. Although a misspelled name or incorrect address may not seem like a big deal, the letter will become part of the official court record, and mistakes could complicate matters later on.
Be Thorough but Concise
Judges must read many documents every day, so you should respect their time. Present your evidence and make your request clearly and succinctly. Not only will this show consideration for the judge, but it will also keep your letter as direct and to the point as possible.
Focus on the Child
Family court judges always look for the option that’s in the child’s best interests. They aren’t interested in hearing about the personal issues you may have with the other parent, only about what will most positively affect the child’s life.
With that in mind, keep your letter focused on what’s important. Don’t attack the other parent or make baseless accusations, as doing so can be detrimental to your case. Lashing out might be gratifying, but it can make you look like an angry person who may not be the appropriate guardian for a child.
Use Neutral Language
It’s normal to feel the need to express your frustrations with the other parent in writing so the judge has an idea of what you’re dealing with. However, you should avoid giving in to the temptation. Instead, stick with neutral language that focuses on facts and patterns of behaviors in an objective manner. Leave feelings out of the equation.
You should also rely only on first-person observations. Don’t bring hearsay or gossip into the letter since it isn’t something you can prove. Like badmouthing the other parent, including this kind of material could end up backfiring.
Make Sure the Letter Is Easy to Read
You should do everything you can to make your letter easy to read. Write the letter in a standard font and size. Bold headings and keep paragraphs short to avoid walls of text. Don’t use colors or strange formatting.
The judge won’t expect you to use legal terms, so don’t be hesitant to write the way you speak. The goal is to get your point across, not to impress anyone or sound clever. Remember that your attorney can assist you in preparing the letter.
Understand the Validity Requirements
Different judges may impose different requirements for declaration letters in Michigan child custody cases, so ask for detailed instructions and be prepared to make adjustments as needed. Don’t forget to have the letter notarized if the judge in your case directs you to do so.
Work With an Attorney
It’s important to hire a qualified family law attorney to assist you with this process. They’ll help you clearly explain the parenting plan you’re seeking and present strong evidence in favor of your proposed arrangement. They’ll also evaluate the letter’s content and proofread it for you.
How an Attorney Can Help You Write a Declaration Letter for Your Child Custody Case
A family law attorney with experience handling child custody cases will understand the importance of drafting and presenting a declaration letter the right way. They’ll be able to help you create a clear statement that reads well and outlines exactly what you’d prefer from a custody agreement.
Because they know Michigan law, they’ll also be able to provide legal justification for the requests you make, as well as edit out any language that could be counterproductive to your goals.
Additionally, having an attorney assisting you will make it easier to present evidence simply and chronologically, which will, in turn, make it easier for the judge to assess the letter’s contents and make a decision.
Aside from helping you with the declaration letter itself, your family law attorney can also offer general guidance on court proceedings during your custody case.
They’ll help you prepare for Friends of the Court meetings and investigations and can assist with mediation if needed. If your case goes to court, they can cross-examine witnesses and present evidence to support your requests.
Turn to an Experienced Michigan Family Law Attorney
If you’re going through a custody battle, a declaration letter could allow you to get a more favorable setup. However, many parents struggle to come up with a parenting plan and custody schedule on their own. To have the best chances of success, you need to work with an attorney who can help you present your arguments effectively.
The skilled attorneys at Gucciardo Family Law handle the full range of family law issues, including writing declaration letters.
You’ve already got enough to do managing your many responsibilities and caring for your child. You shouldn’t have to worry about drafting legal documents on your own. Contact us today to talk to a lawyer about your legal rights.
