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What happens if both spouses swear affidavits? How will the judge decide interim custody?
If you both want interim custody of your children and file affidavits, your lawyers will schedule an "examination for discovery". This is a question and answer session held under oath, held in one of the lawyer's offices. A court reporter is present to make a record of everything that is said. The record, called a transcript, can then be referred to by both lawyers and the judge when your case goes to court for a hearing. It will help to clarify the facts involving the family situation and will help the judge decide interim custody.
July 2006
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Content last reviewed 20:46, 16 October 2008.