Timeliness of an Affidavit

| Sep 30, 2010 | Divorce |

In the Interest of E.R.L.C., Minor Child, 2008- Mom and Dad divorced in September 2005 and were appointed joint custody. Later, the Dad filed for temporary orders based on his claims that the Mom was charged with public intoxication and had arrived drunk to pick up the child from him. Mom filed a motion to dismiss due to the absence of an affidavit required by TFC 156.102. Dad then amended and attached an affidavit. Trial court denied the Mom’s motion to dismiss and granted Dad primary custody. Mom appealed the decision for the timeliness and sufficiency of Dad’s affidavit. Court of Appeals found that the Dad’s affidavit, filed seven days prior to trial date, was timely under TRCP Rule 63.