What Judges Don’t Want You to Request: The Statement of Decision

One of the most important steps a parent can take in a family‑law case—before a judge terminates your legal custody or parental rights (TPR)—is to request a Statement of Decision (SOD). This forces the judge to put in writing the specific “facts” and reasoning used to rule against you, exposing how weak or unsupported those findings may be.

What is an SOD, and why does it matter? A Statement of Decision requires the judge to explain, in writing, how they interpreted the evidence and what findings they relied on. Judges generally dislike SOD requests because they require extra work—and because their written explanation often falls far short of what is legally required to justify terminating a parent’s rights.

A parent’s right to the care, custody, and companionship of their child is a constitutionally protected liberty interest—arguably more fundamental than the right to avoid jail without cause. Yet in family and juvenile dependency courts, the evidence standard used to take your child is far lower than in criminal, civil, traffic, or even small‑claims court.

Members of the Association of Family and Conciliation Courts (AFCC)—whose reports or testimony are often used against parents—also tend to resist SODs, because written findings expose the weaknesses in hearsay‑based evaluations. #NoAFCC

The common saying is: “Don’t ask for an SOD unless you think you’re going to lose.” But the truth is that SODs are often the single most important factor in whether an appeal succeeds.

Without an SOD, the appellate court must assume the trial judge’s factual findings were correct. And because the “Best Interest of the Child” standard is vague and unconstitutional, judges can admit virtually anything as evidence—hearsay, false accusations, altered documents, third‑party statements, and expert reports from people who never appear in court.

There are strict rules about when and how to request a Statement of Decision, so always check your local California county guidelines and state statutes.