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 equivalent document is an affidavit — a sworn written statement that must be signed in the presence of a notary public or other officer authorized to administer oaths. Filing an unnotarized affidavit may result in it being rejected or given no evidentiary weight by the court.

Notarization is required

Every affidavit filed in Texas family court must be notarized. This means:

• 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 permits remote online notarization through approved platforms under the Texas Online Notary Act.

Types of affidavits in Texas family court

Supporting affidavit (general)

A sworn, notarized statement of the facts supporting your petition or motion. Required when filing a Petition to Modify (§ 156.102) if the original order is less than one year old. 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 filing for modification less than one year after a final order, alleging that the child's present environment endangers the child's physical health or significantly impairs the child's emotional development (§ 156.101).

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 — “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.

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