This form is motion for modification of a prior custody divorce decree in order to obtain sole custody of a minor child on the grounds that the present custodial parent is unfit to continue to have sole custody of the child. This form is a generic example of such an motion that may be referred to when preparing such a pleading for your particular state.
Colorado Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to Unfitness of Custodial Parent
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How to fill out Motion For Modification Or Amendment Of Prior Custody Order In Divorce Decree To Obtain Sole Custody Of Minor Child Due To Unfitness Of Custodial Parent?
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FAQ
An unfit parent is incapable of reasonably and prudently caring for a child in his or her ward. The parent may be mentally unstable, abusive, neglectful or otherwise unable to provide proper care to the child.
Note to Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court which must be filed within 21 days of the date this Motion was served on you or mailed to you.
Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.
Document any changes you consider negative in a format that can be presented in court. Avoid direct confrontations with your ex-partner. Make sure all your disagreements are handled in a civil manner, as this will also speak to your character and ability to be the primary caregiver.
§ 14-10-129. Modification of Parenting Time. Except as otherwise provided in subsection (1)(b)(I) of this section, the court may make or modify an order granting or denying parenting time rights whenever such order or modification would serve the best interests of the child.
On the other hand, if the desired adjustment changes parenting time, living arrangements, decision-making, and other significant matters, parents must go to court and get a judge's approval ? even if they both agree to the proposed modification.
Emergency motions to restrict parenting time are also governed by Section 129. A motion to restrict can be filed in situations when a child is in ?imminent? or immediate danger of physical or emotional harm in the care of the other parent.
If your child custody arrangement is no longer serving the best interests of your child, you have the right to seek a modification from the court. In order to do so, you need to show the court that a material change of circumstances has affected the efficacy of the original parenting plan.
