Section 458-A:9 Pleadings and Affidavits; Duty to Inform Court.
I. Except as provided in paragraph IV, every party to a custody proceeding shall, in his first pleading or in an affidavit attached to that pleading, give information under oath as to the child's present address, the places where the child has lived within the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. In this pleading or affidavit every party shall further declare under oath whether he:
(a) Has participated as a party, witness, or in any other capacity in any other litigation concerning the custody of the same child in this or any other state;
(b) Has information of any custody proceeding concerning the child pending in a court of this or any other state; and
(c) Knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child.
II. If the declaration as to any of the above items is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the court's jurisdiction and the disposition of the case.
III. If, during the pendency of a custody proceeding, any party learns of another custody proceeding concerning the child in this or another state, he shall immediately inform the court of this fact.
IV. In an action for divorce or separation or to annul a marriage or to declare the nullity of a void marriage, where neither party is in default in appearance or pleading and the issue of custody is uncontested, the affidavit required by this section need not be submitted. In any other such action, such affidavit shall be submitted by the parties within 20 days after joinder of issue on the question of custody, or at the time application for a default judgment is made.
Source. 1979, 345:1, eff. Sept. 1, 1979.