Quick Answer: Because custody hearings are often time-limited, your declaration may be one of the main ways the judge learns the facts of your situation. A declaration letter is a sworn statement under oath that may be reviewed by the judge, guardian ad litem, and opposing counsel. When focused on clear facts and the child’s best interests, a declaration letter can be some of the best evidence for child custody decisions. 

When parents in Colorado, including families in North Denver and the Brighton area, face a child custody dispute, courts often rely on written declarations due to limited time and heavy caseloads. This blog will walk you through what a child custody declaration letter is, provide writing tips, and provide an example of how to prepare one. 

What Is a Declaration Letter for Child Custody?

A declaration letter for child custody is a sworn written statement submitted to the court under penalty of perjury. It explains your position, presents facts, and supports your requested parenting arrangement based on the child’s best interests.

In Denver-area courts, declarations are commonly relied upon when deciding:

• Parenting time and decision-making authority
• Requests for full custody
• Emergency custody motions
• Custody disputes involving unmarried parents

Tips for Writing a child custody Declaration Letter 

Your child custody declaration letter should focus on facts, not emotions. Colorado courts prioritize a child’s stability, safety, and overall well-being.

• Affirm that you are making your statement under oath, and under penalty of perjury.
• Write clearly, and use your own words. Judges don’t expect you to be well-versed in legal terms.
• Use bulleted lists for your major points.
• Don’t insult or bash your ex. Do make your concerns known objectively.
• Attach evidence such as pay stubs or bank statements, but redact SSN and account numbers. Do not disclose sensitive information in a letter.
• Make reasonable demands.
• Remember that judges appreciate brevity.
• Ask a professional attorney to review and edit your declaration letter before you submit it.

Child Custody Declaration Letter Sample

It’s very important that the letter you submit is well-organized, and that it contains all of the information needed to make a decision. Here is a sample outline you can use as a reference for writing your own letter.

Introduction

Provide introductory information here, and summarize what you are asking for.

Example: John Smith and I were married in July 2012. We had our first child together in March of 2013, and another in July 2015. I am asking for physical custody and supervised visitation for John Smith. 

Background

Summarize the current situation regarding custody and support.

Example: Since our separation three months ago, the children have been living with me exclusively. John Smith has paid agreed-upon child support. He has only seen the children on one occasion. I am living in the family home and paying the mortgage and utilities. John Smith is staying in an unknown location.

Statement of Facts

Here you assert the evidence that you believe will compel the judge to rule in your favor. Avoid any temptation to engage in character assassination, but do state your concerns.

Example: If the children live with me, they will be able to maintain the home they are used to, and attend the same school and activities as they have in the past. Supervised visitation will allow them to have a relationship with John Smith while reducing their risk of being impacted by his anger issues. Evidence of these anger issues includes Mr. Smith being ordered into anger management classes by the court in January of 2017, and the issuance of a restraining order in September of 2018.

Conclusion

State exactly what you want from the court here. Don’t make demands though. Neutrally summarize your preferable terms of custody. 

Example: Given the information above, I am asking the court to order that the children live with me full time and that John Smith receive supervised visitation at regular intervals. I would like support to continue to be paid as it has been.

This example provides a general framework for writing your letter. Within an actual declaration, you will want to provide a greater level of details concerning:

• Parenting during marriage/relationships
• Post-separation parenting
• Address any claims/declarations filed to the court by your ex-spouse

Should I Hire a Denver Child Custody Lawyer?

If you have been asked to submit a declaration, or you are navigating a custody dispute in Denver, North Denver, Brighton, or elsewhere in Colorado, consulting with an experienced attorney for child custody can make a meaningful difference in your case.

A knowledgeable Denver child custody lawyer can ensure your declaration complies with Colorado court rules, help you present the facts clearly and persuasively, and reduce the risk of unintentionally harming your position.

Connect with the family law professionals at Tolison & Williams to discuss your situation and receive trusted guidance on child custody matters in Colorado.

Writing a Declaration Letter for Child Custody: FAQs

How long should a child custody declaration letter be?

A child custody declaration letter should be long enough to clearly present the relevant facts, but short enough to remain focused and readable. In most Colorado cases, declarations range from 2 to 5 pages, depending on the complexity of the issues. Judges often review many filings in a limited amount of time, so concise, well-organized statements are typically more effective than lengthy narratives. 

How Do I Get Full Custody of My Child?

To get full custody of a child in Colorado, you must file the proper court case and show that the parenting arrangement you request is in the child’s best interests. A well-written declaration letter can help the court understand key facts and your proposed plan.

What is the best evidence for child custody cases?

The best evidence for child custody often includes sworn declarations, school and medical records, police reports (if relevant), and documentation showing stability and consistent parenting. Your declaration should connect the evidence to the child’s day-to-day needs and best interests.

What are Colorado child custody laws for unmarried parents?

Colorado child custody laws for unmarried parents apply the same “best interests of the child” standard as they do for married parents. However, legal parentage may need to be established before parenting time or decision-making orders can be entered.

How do you get emergency custody of a child in Colorado?

Parents seeking how to get emergency custody of a child must typically show an immediate risk of harm and provide specific, credible evidence. Emergency requests are reviewed quickly and closely, so accuracy and supporting documentation are especially important.