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.
Connecticut 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
Children can decide where to live only when they turn 18. It is a myth that children can choose which parent to live with once they reach 12 or 14 or even 16.
Examples of unfit parents include those who have drug or alcohol problems and foster an unsafe living environment as a result or a parent with a mental illness who is unstable.
In Connecticut, child custody, in cases of dissolution of a marriage, is determined by a judge in the Family Division of Superior Court. Judges use the ?best interests of the child? standard in awarding custody of minor children. If both parents agree, the law establishes a presumption of joint custody.
In Connecticut, you can only obtain a modification if there has been a substantial and material change of circumstances. As explained by the State of Connecticut Judicial Branch, the party seeking a modification of a previous agreement/judgment must file a Motion for Modification.
To obtain sole legal and primary physical custody with limited or supervised visitation, a Connecticut parent would have to prove the other party is completely unfit to parent. Potential issues that may demonstrate an inability to raise a child include: Substance abuse problems. A history of violent criminal offenses.
Examples of unfitness A judge typically rules against parents who will not take responsibility for their children or treat them cruelly, e.g., child abuse. Depravity, violent crime convictions and multiple felony convictions can also impact the court's definition of fitness.
What Do Courts Look at When Deciding Custody? Your child's needs. What are your child's developmental needs, including their physical, emotional, educational, and special needs? ... Your child's relationships. ... Your child's living situation. ... The health of everyone involved. ... Other factors.
When asking a family court to modify a child custody agreement, the parent or guardian must file paperwork with the family court. The paperwork must include a motion for modification, appearance, and affidavit concerning children. A hearing to consider the modification will then be set by the court.