26.10.032 - Child custody motion -- Affidavit required -- Notice -- Denial of motion -- Show cause hearing.

Child custody motion — Affidavit required — Notice — Denial of motion — Show cause hearing.

(1) A party seeking a custody order shall submit, along with his or her motion, an affidavit declaring that the child is not in the physical custody of one of its parents or that neither parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give notice, along with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits.

     (2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order should not be granted.

[2003 c 105 § 6.]