Santa Barbara County Superior Court - Office of the Family Law Facilitator - How to Write a Declaration - Custody and Visitation Issues

Sep 15, 2026

Santa Barbara County Superior Court materials guide parties on how to write a declaration for custody and visitation matters. It explains the declaration’s purpose: telling the judge the full story, identifying issues to be decided, and supporting requests with specific facts and personal knowledge. The guide covers formatting requirements, including a declaration section structure, numbered paragraphs, separate headings per issue, a closing perjury statement, page and typing limits, and provides a sample declaration template with an example custody order request.

LanguageEnglish

CategoryLetters

FormatPDF

Pages7

Reading Time3 min

AccessFree to download

Basic Instructions

Identifying Issues to Be Decided

Summarizing Requested Orders

Structuring Headings and Numbered Paragraphs

Length and Formatting Notes

Declaration Format

Declaration of Your Name and Statement

Summary of Requested Orders

Issue Section Template

Ending Your Declaration

Sample Declaration

SANTA BARBARA COUNTY SUPERIOR COURT OFFICE OF THE FAMILY LAW FACILITATOR HOW TO WRITE A “DECLARATION “ (Custody and Visitation Issues) I. BASIC INSTRUCTIONS: Your “declaration” is your story to the judge. You probably will not have a lot of time to talk to the judge when you go to court. You must therefore write everything you want to say to the judge in your declaration. The goal of your declaration is to explain to the court what you are asking for and to prove your case so that the judge will want to make orders that you like. First, identify the issues you want decided by the court; for example, new custody orders or a change in the parenting schedule or the lowering of child support. You will need to write something in your declaration on each issue area. Check your issues: 1. I want to get our first custody orders. 2. I want to change the custody orders that we have. 3. I want to get an order for visitation. 4. I want to change the visitation order that we have. Second, summarize all the orders that you want from the court. Your job is to help the judge to focus quickly on what you want. Third, make a separate heading for each issue so that the judge will be able to more clearly follow what you are writing. For example, “Our First Custody Order.” Fourth, write as many paragraphs as you need to explain to the judge what order you want and why in that issue area. You can briefly discuss what has happened in the past, what is happening now, what the problems are now, what you want changed and why. Remember to number sequentially each paragraph (ex., 1,2,3,4, etc.). A sample declaration appears below. Your declaration should probably be longer. You want to try to explain a full and complete story so that the judge understands the problems happening right now, what you want to have as first orders or changed orders, and why. Always try to keep your story thorough but concise, organized and to the point. Make it based on specific facts or things that you have seen or heard or somehow personally experienced (identify who did what and when). NOTE: Your declaration is limited to 10 typewritten pages (not including exhibits). You are to type doublespaced with the font size of 11 or 12. II. DECLARATION FORMAT, starting at the top of your blank page: DECLARATION OF [your name] I, [your name], declare: 1. I am the Petitioner Respondent Other Parent in this case. I write this declaration based on things that I personally know. If I were asked to testify in court, I would be able to competently and truthfully speak about what I have written in this declaration. 2. SUMMARY OF REQUESTED ORDERS: a. b. c. 3. ISSUE: [Title of issue.][Now, state the facts of your case.] Background.… Current situation Current problem…. Proposed solution and why…. [Instructions: Continue your declaration until you have written thoroughly about your issues. Ending your Declaration: You always end a declaration with the following language marked in bold below after you have finished writing about your issues:] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: (Sign your name and type your name here) III. SAMPLE DECLARATION: (NOTE: Your declaration can be up to 10 pages long.) DECLARATION OF JOHN SMITH I, JOHN SMITH, declare: 1. I am the Petitioner in this case. I write this declaration based on things that I personally know. If I were asked to testify in court, I would be able to competently and truthfully speak about what I have written in this declaration. 2. SUMMARY OF REQUESTED ORDERS: I ask the court to order: A. Sole physical custody of the minor child, Brittany Smith, to me. B. Joint legal custody to Petitioner John Smith and Respondent Jane Smith. C. Visitation to Respondent Jane Smith on the first and third weekend of each [month from Saturday 9 a.m. to](month from Saturday 9 a.m. to)

FAQs

What is the purpose of a custody and visitation declaration to the judge?

The declaration is the party’s story to the judge. Its goal is to explain what the court is being asked for and to prove the case so the judge will make the requested orders.

How should the declaration be organized across different custody or visitation issues?

Write a separate heading for each issue, and include enough paragraphs to explain what order is requested and why. Number each paragraph sequentially and include facts about what happened, what is happening now, and the proposed changes.

What formatting and closing requirements apply to the declaration?

The declaration is limited to 10 typewritten pages (not including exhibits) and should be double-spaced with a 11 or 12-point font. It must end with the California perjury language and include the date and signature.

Sep 15, 2026

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