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Minnesota Responsive Affidavit in Support of Establishing Custody and Parenting Time

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Responsive Affidavit in Support of Establishing Custody and Parenting Time

State of Minnesota District Court

County

Judicial District:

Court File Number:

Case Type:

Petitioner

and

Respondent

My name is and I state that:

1. I am the Respondent in this case, and I make this Affidavit in support of my response to the other party’s request to establish custody and parenting time.

2. A child protection case involving any or all of the children in this case is open:

If YES, this case is in County in the State of , and the case file number is .

The child protection worker’s name is .

3. An Order for Protection involving me and the Petitioner and/or the children exists:

If YES, this case is in County in the State of , and the case file number is .

A copy of the Order for Protection is included with this Affidavit.

4. The children currently live with:

I am the children’s: .

The other party is the children’s: .

The address of the children is: in the City of , State of , Zip Code . The children have lived at this address since: .

5. I want the court to grant legal custody of the children (check one):

a. Jointly to both me and the other party because

b. Solely to (check one):

Me

Other party

because

6. I want the court to grant physical custody of the children (check one):

a. Jointly to both me and the other party, with the children living with me at the following times:

and the children living with the other party at the following times:

b. Solely to (check one):

Me

Other party

7. I believe that my request for physical custody is in the best interests of the children because (list your reasons why, be specific)

8. I want to respond to things the other party stated at paragraph 4 of their Affidavit in Support of Establishing Custody and Parenting Time. My response is:

9. Parenting Time. I want the parenting time schedule as follows:

Use the space below to explain clearly when each parent will have the children. State the time (o’clock) when the children will transfer from one parent to the other. If you want the order to say who will pick up and drop off the children, or where the transfer of the children should take place, include that under “Other.”

Regular Parenting Time Schedule:

Monday through Friday:

Weekends:

Summer (if you want a schedule that is different than the regular one):

Telephone contact with the children: or

Exceptions to the Regular Schedule

You can have a different schedule for holidays, school release days, and birthdays.

Do you want a different schedule for school release days or breaks during the school year?

Yes No

Any school release day schedule will override the regular parenting schedule.

Do you want a different schedule for birthdays (child’s or parents’ birthdays)? Yes No

Do you want a different schedule for holidays? Yes No

Any birthday or holiday schedule will override the regular and school release parenting schedule.

Other:

I believe that this schedule is in the best interests of the children because

10. Overnights. Based on the schedule above, how many overnights will the children have with each parent each year (the number must add up to 365)? Note: if parenting time is equal, use 182.5 overnights for each parent.

Number of overnights with Petitioner:

Number of overnights with Respondent:

11. I want to respond to the other party’s requests for parenting time. My response is:

12. I want the court to order supervised parenting time:

If yes, I believe supervised parenting time is in the best interest of the children because:

13. The other party has asked the court to order supervised parenting time for me and the children:

If yes, I object. My response to Petitioner’s statements in paragraph 5 of their Affidavit in Support of Establishing Custody and Parenting Time is:

14. I want the court to order that the children be transferred at a visitation exchange center if one is located in the area, and for both parties to follow all rules of the visitation exchange center:

If YES, this is the best interests of the children because

If NO, the children should be transferred at:

because

15. Child Support.

a. Has the other party asked the court to establish child support?

b. Are you asking the court to establish child support?

Only answer questions #15 - #35 if the answer to either of these questions is YES. If the answer to both questions is NO, then skip to #36.

Current Information About Me

16. I am currently (check all that apply):

17. I am currently (check one) employed unemployed (if employed, answer the following):

a. Employer:

b. Address:

c. Work telephone number:

d. Occupation /Type of work:

e. Length of employment:

f. Supervisor:

g. Gross Pay: $ This does does not include overtime pay.

h. Paid: Weekly Every other week Twice a month Monthly

i. Previously employed by for years prior to the above employment.

18. I have the following additional sources of income:

Commissions $

Pension Payments $

Annuity Payments $

Unemployment Benefits $

Military / Naval Retirement $

Workers’ Compensation $

Spousal Maintenance Received $

Disability Payments $

Self-Employment $

Other $

19. I receive (check only if it applies)

20. The joint children currently receives monthly social security or veteran’s benefits in the amount of $ based on and is paid to .

21. I am court ordered to pay monthly spousal maintenance. (check one) If yes, how much?

22. I support the following nonjoint children:

Child's Name Date of Birth Relationship Child support monthly amount Living in my home
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No

23. My monthly expenses at the present time are as follows (if remarried, include total of household expenses):

a. House payment or Rent

b. Real Estate Taxes, if not included in (a)

c. Association Dues or Lot Rent (for property)

d. Insurance: Homeowners, if not included in (a)

Car

Life

e. Utilities: Gas

Electricity

Telephone / Cell Phone

Water and garbage

Cable TV

f. Food

g. Clothing

h. Laundry/dry cleaning

i. Personal allowances and incidentals

j. Magazine and newspapers

k. Uninsured / unreimbursed medical expenses

l. Uninsured / unreimbursed dental expenses

m. Child care expenses

n. Transportation expenses: Car payment

License

Gasoline

Repairs

o. Recreation/Entertainment

p. Children's needs (sports/school/hobbies)

q. Allowances

r. Other (list)

s. Charge accounts and loans (list):

Name of Account Balance Owed

TOTAL MONTHLY EXPENSES: $

24. The following people help me pay my current monthly expenses listed in question 22:

25. The value of the property I currently own by myself or with someone else is:

Home $

Household goods $

Purchase price of my home $

Balanced owed on my home $

Other real estate $

Checking/savings $

Automobiles $

Recreational vehicles $

Personal property $

Stocks/bonds/etc. $

Current Information About Other Parent

26. To the best of my knowledge, the other parent is currently: (check one) employed unemployed (if employed, answer the following):

a. Employer:

b. Address:

c. Work telephone number:

d. Occupation / Type of work:

e. Length of employment:

f. Supervisor:

g. Gross Pay: $ This does does not include overtime pay.

h. Paid: Weekly Every other week Twice a month Monthly Unknown

i. Previously employed by for years prior to the above employment.

27. To the best of my knowledge, the other parent has the following additional sources of income:

Commissions $

Pension Payments $

Annuity Payments $

Unemployment Benefits $

Military / Naval Retirement $

Workers’ Compensation $

Spousal Maintenance Received $

Disability Payments $

Self-Employment $

Other $

28. To the best of my knowledge, the other parent receives (check only if it applies)

29. To the best of my knowledge, the other parent is ordered to pay spousal maintenance. (check one) If yes, how much?

30. To the best of my knowledge, the other parent supports the following nonjoint children:

Child's Name Date of Birth Relationship Child support monthly amount Living in the home
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No

Parents Health Care Coverage Information

Only answer if you are asking for a change in health care coverage and/or dental coverage for the joint children.

31. About me: (check all that apply)







Cost of monthly health care coverage for self: $

Cost of monthly health care coverage for dependents: $

Cost of monthly dental insurance for self (if separate coverage from health care coverage): $

Cost of monthly dental insurance for dependents (if separate coverage from health care coverage): $

32. Currently, there is:



33. About the other parent: (check all that apply)





Cost of monthly health care coverage for self: $

Cost of monthly health care coverage for dependents: $

Cost of monthly dental insurance for self (if separate coverage from health care coverage): $

Cost of monthly dental insurance for dependents (if separate coverage from health care coverage): $

Child Care Obligation

Only answer if you are asking for a change in child care support for the joint children.

I am court ordered to pay a proportionate share of child care support and the amount of child care support has changed.

There is no court ordered child care obligation and I have child care expenses.

35. If there is an existing court order for monthly child care expenses, list the court ordered amount: $

36. The current total monthly costs of child care are $

Additional Information.

37. The following is additional information regarding the reasons I am requesting to establish custody and parenting time:

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

Dated:

County and State where signed:

Signature

Name:

Address:

City/State/Zip:

Telephone: ( )

E-mail address:

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What this responsive affidavit is and when it’s used

The Minnesota Responsive Affidavit in Support of Establishing Custody and Parenting Time is a sworn written response filed by a respondent in a family law proceeding to address a petition for custody and parenting time. It presents the respondent’s factual assertions about the children, parental relationships, living arrangements, safety concerns, and the parenting schedule the respondent proposes. The affidavit is signed under oath and becomes part of the court record; it is typically served on the petitioner and filed with the appropriate Minnesota district court that has jurisdiction over the matter. Use clear, fact-based statements that focus on the child’s best interests.

Why a clear responsive affidavit matters for custody cases

A well-prepared responsive affidavit organizes your position, supplies the court with relevant facts under oath, and documents proposed parenting time and custody arrangements. It can focus hearings, reduce ambiguity about evidentiary points, and ensure the court has a timely record of your claims and concerns.

Why a clear responsive affidavit matters for custody cases

Who typically completes this Minnesota responsive affidavit

The form is most often completed by parties directly involved in a custody dispute or their attorneys.

  • Respondent parent or guardian — A parent or guardian answering a custody petition who needs to present facts, proposed schedules, and safety concerns.
  • Court-appointed representatives — Guardians ad litem or attorneys may assist or prepare affidavits when authorized by the court.
  • Other adult parties — Non-parent caregivers or third parties with standing may use the form to provide relevant factual testimony.

If you have an attorney, coordinate content and attachments with counsel to avoid conflicting statements and to conform to local court rules.

Core components to include in a professional responsive affidavit

A complete affidavit combines clear case metadata, accurate party and child details, a concise statement of requested custody or parenting time, supporting facts and evidence, and properly dated signatures and notarization to ensure admissibility and procedural compliance.

Caption & Case Info

Court name, county, case number and caption must match the petition exactly to ensure the affidavit is filed in the correct matter and accepted by court clerks.

Parties Identified

Full legal names, relationships, addresses, and contact information for petitioner and respondent provide clarity about who is offering the statements under oath.

Children’s Details

List each child’s full name, date of birth, and current residence to tie custody assertions to specific children and avoid ambiguity in the record.

Custody & Parenting Requests

State whether you seek sole, joint, or legal custody and include a proposed parenting time schedule that addresses regular, holiday, and school-year arrangements.

Supporting Facts

Summarize material facts supporting custody or parenting requests, including safety issues, parenting history, school and medical arrangements, and proposed dispute-resolution methods.

Signature & Notary

Affidavit must be signed under oath and notarized when required; include signature date, printed name, and notary acknowledgment to establish the sworn record.

Step-by-step: preparing and filing a Minnesota responsive affidavit

Follow these sequential steps to prepare, verify, and file your responsive affidavit while ensuring proper service and recordkeeping.

  • 01
    Gather Documents: Collect the petition, prior orders, school and medical records, and any exhibits you will reference.
  • 02
    Draft Responses: Complete factual sections plainly; avoid argument and include dates and specifics where possible.
  • 03
    Swear and Sign: Sign the affidavit under oath and have it notarized or follow local remote notarization rules if permitted.
  • 04
    File and Serve: File with the appropriate district court clerk and serve the petitioner per Minnesota Rules of Civil Procedure or local family court rules.

Configuring an online workflow for completing the affidavit

If you complete the affidavit electronically, set up fields, routing, and storage before sending to signers to preserve accuracy and auditability.

Field Configuration
Authentication Email link or SMS code for signer verification
Templates Use a template with locked case caption and case number
Routing Order Set respondent signs before notary or attorney review
Storage Format Save final PDF/A with audit trail and attachments

Digital signing and file-format requirements

Use a platform that preserves an audit trail, supports common file formats, and meets applicable privacy rules for family law records.

  • Integrations: Salesforce, NetSuite, Microsoft 365 supported
  • File Formats: Accepts PDF, DOCX, and fills to PDF/A
  • Accessibility & Security: TLS/AES encryption and WCAG support

Ensure the chosen platform can produce a tamper-evident signed PDF and export a complete audit trail that documents IP, timestamps, and signer actions.

Typical e-signature flow for an affidavit

An efficient e-signature workflow captures signer consent, identity events, and a timestamped audit trail to support the sworn statement.

  • Upload Document: Load the affidavit PDF and attach supporting exhibits.
  • Place Fields: Add signature, date, and notary acknowledgement blocks.
  • Send to Signer: Deliver by secure link or email with authentication.
  • Finalize & Export: Produce signed PDF and archive audit trail.

Required data elements and short-entry checklist

Court Caption: Court and county name
Case Number: Exact case number
Petitioner: Full legal name
Respondent: Full legal name
Children: Names and birthdates
Signature/Notary: Signed and dated with notary

Common mistakes to avoid when preparing the affidavit

  • Inconsistent names or case captions that do not match the petition lead to filing rejection or clerk requests for correction.
  • Vague timelines or unspecific allegations without dates and supporting exhibits weaken the affidavit’s evidentiary value at hearing.
  • Failing to notarize or to follow remote notarization requirements in your jurisdiction can render the affidavit inadmissible or contested.
  • Neglecting to serve the petitioner or to file proof of service may delay hearings and result in procedural sanctions.

Consequences of an incorrect or improperly executed affidavit

Filing Rejection: Clerk may refuse filing
Hearing Delay: Proceedings may be postponed
Perjury Risk: Possible criminal exposure
Evidence Excluded: Unsupported claims may be disregarded
Sanctions: Court may impose sanctions
Additional Costs: Extra fees or attorney time

Practical tips for accurate and efficient completion

Follow these practices to reduce errors, preserve admissibility, and simplify court handling of your responsive affidavit.

Proofread all metadata
Verify the court name, county, and case number exactly match the petition to prevent clerk-level rejections and processing delays.
Attach labeled exhibits
Include labeled, Bates-stamped or numbered exhibits for documents you reference; reference exhibit labels in the affidavit for quick judicial review.
Preserve service proof
Keep certified mail receipts, e-service confirmations, or proof of personal service to document compliance with service rules.
Use auditable e-signatures
When allowed, use an e-signature solution that captures IP, timestamps, and an audit trail to support authenticity without altering content.

Timing and deadlines to keep in mind

Deadlines for filing and serving responsive affidavits depend on the summons and local court rules; confirm dates early to avoid forfeiting rights.

Service Response Deadline:

Varies by county; follow the date on the summons

Scheduling Hearing:

Hearing dates set per local family-court procedures

File Before Hearing:

File affidavit with clerk prior to scheduled hearing

Serve Opposing Party:

Serve petitioner in required manner before hearing

Notarization Timing:

Sign in front of notary at time of execution

Real-world examples of responsive affidavits in family matters

Two brief scenarios illustrate typical uses and outcomes when affidavits are prepared with clear facts and supporting evidence.

Single-Parent Response

A respondent parent lists a stable living arrangement and school plan for two children

  • Affidavit highlights specific dates and witnesses for incidents
  • The court used the affidavit to frame issues at the first status conference and requested supporting school records and sworn witness statements.

Third-Party Caregiver

A non-parent caregiver files facts about daily caregiving and the child’s medical needs

  • The affidavit references medical appointments and a continuity-of-care plan
  • The documented facts helped the caregiver obtain temporary parenting time while the court considered full custody questions.

Typical eSignature vendor pricing and envelope limits

Compare starting prices and envelope limits across common providers; signNow appears first and includes a no-envelope-cap approach for many plans.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about the Minnesota responsive affidavit

Answers to common concerns about signing, filing, notarization, electronic submission, and correcting errors in responsive affidavits.


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