Affidavit of Facts??

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righteousbabe
Posts: 181
Joined: Sat Jun 18, 2005 12:23 am
Location: Texas

Affidavit of Facts??

Postby righteousbabe » Wed Jun 14, 2006 6:04 am

On the following website:

http://web.archive.org/web/200402031712 ... teractions

there is reference to filing an Affidavit of Facts at the beginning of your case.

I'm confused, because it says on the site"

"In the beginning of your case, you should file a notarized affidavit of facts with the court. This affidavit is sort of a "for the record..." document. Often the petition contains many erroneous errors and omissions. Your affidavit will contain the truth to correct the state's petition."

Okay, so what if there is no "petition"?

We've been to court but not like most CPS "clients". We were there on a CUSTODY issue and CPS butted in, so there are probably things now "on record" that CPS asserted as true that are not true and there are MANY issues that need clarification, so would we still want to file an "Affidavit of Facts" between now and the hearing in September? CPS still does not have custody or conservatorship of the child but we are under agreement to do services and custody has temporarily been shifted so that the father has primary.

I certainly do NOT want the CW's version of things to be considered true and correct. So how do we get the judge to hear/see the facts if not all of this stuff was said in front of him or presented to him?

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Check CPS policy manual for FOI

Postby Marina » Mon Jun 19, 2006 7:28 am

Check the CPS policy manual for the Freedom of Information process to get your records from them.


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