SPARC Forums

In Missouri, a temp motion for custody has to have a supporting affidavit.

I'm filing for a custody modification, but can find no info on whether it also needs a supporting affidavit. (not in the statutes, nor the ROCP)

I know what I would need to put in there (reasons), but I don't know the proper "format" to use.

In Missouri, formal pleadings aren't required and there is no set standard. It's a case by case basis.

Could you possibly give me an outline as to what needs to go in this affidavit? I don't know if I need it, but if I do, I don't want to find out and only have 1 day or so to draft it. :)

Thanks so much Soc!

Supporting affidavit must swear facts that satisfy each and every factor necessary to receiving a grant of a custody hearing, i.e., you must state facts proving that a substantial change in circumstances has occurred since the last time custody was determined. Ex:

I, YOURNAME, after being first duly sworn, do hereby depose and say:

1. Fact in support.

2. etc.

3. ...

4. For all of the foregoing reasons, I believe that a substantial change in circumstances affecting the child's best interests has occurred, and hereby request the court grant a new custody hearing.

By: __________
YOURNAME
Petitioner, Pro Se
Street
CITY, STATE ZIP
CONTACT FONE

Subscribed and sworn before me, this ____ day of _____, 2004

By: _________
Notary Public
My commission expires: ___________