How to Write an Affidavit for Texas Family Court

Affidavit vs. declaration

In California, parties submit declarations signed under penalty of perjury without a notary. In Texas, the traditional document is an affidavit, a sworn written statement signed before a notary public or other officer authorized to administer oaths. Texas also allows an unsworn declaration to be used in place of an affidavit required by statute or rule, if it is in writing, signed as true under penalty of perjury, and includes the jurat set out in Civil Practice and Remedies Code § 132.001. A few documents still must be notarized. For example, a waiver of service in a divorce must be sworn before a notary who is not an attorney in the suit, unless the person signing is incarcerated (Family Code § 6.4035(c)).

Two ways to sign: notary or unsworn declaration

If you sign a notarized affidavit:

• You must appear before a licensed notary public and sign the affidavit in their presence
• The notary verifies your identity and witnesses your signature
• The notary applies their seal (stamp) and signature to the document
• You cannot sign the affidavit in advance and then bring it to a notary for stamping

Notary publics are available at most banks, UPS stores, courthouses, and many law offices. Texas also allows online notarization by a notary the secretary of state has commissioned as an online notary public, who verifies your identity over two-way audio and video (Government Code chapter 406, subchapter C).

If you use an unsworn declaration instead, no notary is involved. You sign it yourself, and it must end with a jurat in substantially the form § 132.001(d) gives: your full name, date of birth, and address, the statement “I declare under penalty of perjury that the foregoing is true and correct,” and the county, state, and date where you signed it. Check whether the specific document you are filing must be notarized before you rely on a declaration.

Types of affidavits in Texas family court

Supporting affidavit (general)

A sworn statement, or an unsworn declaration under § 132.001, of the facts supporting your petition or motion. Used throughout litigation to establish facts for temporary orders hearings.

Affidavit of financial information

A sworn statement of your income, assets, debts, and monthly expenses. Required in cases involving child support or spousal maintenance. Texas does not have a uniform statewide Financial Affidavit form like Florida — local courts may have their own required forms, so check your county's local rules.

Affidavit of endangerment

Required when a suit to change the person who has the exclusive right to designate the child's primary residence is filed within one year of the order (§ 156.102). The affidavit must state supporting facts for at least one allegation, such as that the child's present environment may endanger the child's physical health or significantly impair the child's emotional development. The other allegations the statute allows are that the parent with that right is seeking or consenting to the change, or has voluntarily relinquished primary care and possession of the child for at least six months; both also require that the change be in the child's best interest.

How to structure a supporting affidavit

A well-structured affidavit for Texas family court includes:

1. Caption — Case name, district court, county, cause number, and the title “Affidavit of [Your Name]”
2. Introduction — For a notarized affidavit, “BEFORE ME, the undersigned authority, personally appeared [Full Name], who, being by me duly sworn, on oath stated:”
3. Numbered paragraphs — Each paragraph addresses one factual point. Keep paragraphs short and factual.
4. Attach exhibits — Reference supporting documents as “Exhibit A,” “Exhibit B,” etc., and attach them behind the affidavit.
5. Signature and jurat — Your signature, followed by the notary's signature, seal, and the expiration date of their notary commission. For an unsworn declaration, use the § 132.001 jurat instead.

What to include — and what to leave out

Include:

• Specific dates, times, and locations of relevant events
• Direct observations (“I saw” or “I heard”)
• The names of witnesses who can corroborate facts
• Facts directly relevant to the Holley v. Adams best-interest factors

Leave out:

• Hearsay (“I was told that”) unless the source is identified and the statement falls within an exception
• Legal conclusions (“The other parent is unfit”)
• Character attacks without supporting facts
• Speculation about the other parent's motives
• Irrelevant historical grievances from years before the current dispute

Common affidavit mistakes