Affidavits in Ohio Family Court

What an affidavit is

Ohio law defines an affidavit as a written declaration under oath, made without notice to the adverse party (R.C. 2319.02). It may be used to verify a pleading, prove service, obtain a provisional remedy, support a motion, and in other cases the law permits (R.C. 2319.03). It may be made before any person authorized to administer oaths, whether or not that person is an attorney in the case (R.C. 2319.04).

Ordinary pleadings need not be verified or accompanied by an affidavit unless a rule specifically requires it (Civ.R. 11). Your signature on a motion or pleading certifies that you have read it and that, to the best of your knowledge, information, and belief, there is good ground to support it.

The uniform affidavits

The Supreme Court of Ohio’s domestic relations forms include five affidavits:

• Affidavit 1, Affidavit of Basic Information, Income, and Expenses (amended June 1, 2021)
• Affidavit 2, Affidavit of Property and Debt (amended June 1, 2021)
• Affidavit 3, Parenting Proceeding Affidavit (amended June 1, 2021)
• Affidavit 4, Health Insurance Affidavit (amended June 1, 2021)
• Affidavit 5, Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing (effective June 1, 2021)

Each ends with an oath or affirmation: you swear or affirm that you have read it and that the information is true, accurate, and complete to the best of your knowledge and belief, and that you understand you may be subject to penalties for perjury if you do not tell the truth. The person administering the oath completes the “sworn to or affirmed before me” block. Affidavits 1 through 4 provide for a notary public and say not to sign until the notary public is present. Most of the instructions also tell you to check local court rules for when the form must be filed.

The Parenting Proceeding Affidavit

R.C. 3127.23(A) requires each party in a child custody proceeding to give certain information under oath, if reasonably ascertainable, in the party’s first pleading or an attached affidavit. That includes the child’s present address, where the child has lived in the last five years and with whom, and whether the party knows of other custody proceedings, domestic violence or protection order proceedings, and abuse, neglect, or dependency proceedings involving the child.

Affidavit 3 is the uniform form for that information. Its instructions say it must be filed and served with any complaint, petition, or motion about the allocation of parental rights and responsibilities, parenting time, custody, or visitation, and that each party has a continuing duty to tell the court about any parenting proceeding concerning the child in another court (R.C. 3127.23(C)).

Other sworn statements in custody cases

• Each parent must file an affidavit about whether the parent and the members of the parent’s household have been convicted of or pleaded guilty to the offenses listed in R.C. 3109.04(C) and (F)(1)(h) (R.C. 3109.04(M)).
• Form 24 (Juvenile Form 3), Motion for Contempt, Affidavit, and Instructions for Service includes an oath or affirmation that says not to sign until a notary public is present.
• Temporary orders in a divorce, annulment, or legal separation can be granted on affidavits, with counter affidavits due within 14 days of service (Civ.R. 75(N)). Affidavit 5 is the form for both.

Writing your statement

Stick to facts you know firsthand, with dates, places, and what you saw or heard. Leave out opinions about the other parent’s motives.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• R.C. 2319.02, affidavit defined
• R.C. 2319.03, uses of affidavits
• R.C. 2319.04, before whom an affidavit is made
• R.C. 3127.23, information required in custody proceedings
• R.C. 3109.04(B)(3), (M)
• Ohio Civil Rules 11 and 75(N)
• Uniform Domestic Relations Affidavit 1, Affidavit of Basic Information, Income, and Expenses
• Uniform Domestic Relations Affidavit 3, Parenting Proceeding Affidavit
• Uniform Domestic Relations Affidavit 5, Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing