Attached is an Affidavit template.
An affidavit is an
affirmation (
sworn statement) of
facts that the
affiant (
the one making the affidavit) has
first hand knowledge of.
In the template, it states that after 30 day an unrebutted affidavit becomes a judgment... no one should be able to make a rebuttal of the facts. Just proceed because the judgment is already made. There is no dispute to the fact that the Mother is the Mother of the child.
David pointed out:
Quote:
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ASSEVERATION. The proof which a man gives of the truth of what be says, by appealing to his conscience as a witness. It differs from an oath in this, that by the latter he appeals to God as a witness of the truth of what he says, and invokes him as the avenger of falsehood and perfidy, to punish him if he speak not the truth. Vide Affirmation; Oath; and Merl. Quest. de Droit, mot Serment. -- Bouvier's Law Dictionary, Revised 6th Ed (1856)
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... and you mentioned PMing him, so I presume he explained. I like the subtle difference of the term 'asseveration'.
Consider this,
1) Do an asseveration (this is all that is really needed - the rest is simply further support)
2) Make one set of affidavits (one affidavit by each affiant/witness) focused on establishing the facts of the embodiment. Date, time, place, name of mother and father, child's name, etc...
One should be made by every one who was present when the baby was born. Mother, Father, Family, Friends, people who knew she had been pregnant can attest to that fact and that she is no longer, but unless there were present when the baby was born, they can't affirm this. All statements must be of
first hand knowledge. NO HEARSAY!!!
Consider avoiding ever using the term "birth" in the affidavits, and rather use "born" or "embodied".
3) Do a separate set focused regarding the kidnapping.
Quote:
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Originally Posted by akira
Put all events, in an affidavit, naming names, events, [dates and times], ect. (short simple sentences... facts.. not opinion)
include the kidnapping and all other injuries
default all parties...
The unrebutted affidavit stands as truth.
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I also included 2 affidavits that I had my parents make for me.
Regarding my attached affidavits, Consider when writing/typing the child's name, doing it this way:
First Middle
of the family of Family
Note: Some people have had problems with the ";" or a ":" in the name.
Word them how you see to, don't just copy the verbiage in the ones I used if you would do it different.
_________________________
File the originals of your documents in your private records, and file duplicate originals or certified copies at the county recorder.
Note, a
duplicate original is created very simply. Make 2 copies of any particular document before signing them, and then sign them both - the 2nd one signed would be the duplicate origianl. If you make a copy of a document that has already been signed, you can have a Notary certify that it is a true and correct copy, this is a
certified copy. (
see the next post by mrg as well)
Sincerely,
Christopher Theodore: Rhodes