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.
A Motion for Modification or Amendment of Prior Custody Order in a Divorce Decree is a legal request filed by a parent seeking sole custody of their minor child in Hawaii. This motion is typically brought forward when the custodial parent's fitness to care for the child is being questioned or when circumstances have significantly changed since the prior custody order was issued. By filing this motion, the petitioner aims to obtain full legal and physical custody of the child, thereby diminishing the custodial parent's rights and responsibilities. In Hawaii, there are several types of Motions for Modification or Amendment of Prior Custody Orders available to parents who believe that the custodial parent is unfit to provide a suitable environment for the child. These may include: 1. Motion for Modification of Custody Order: This motion seeks to modify the existing custody arrangement, shifting the child's primary residence from the custodial parent to the petitioner. It argues that the custodial parent's conduct, behavior, or circumstances have changed, affecting their ability to meet the child's best interests. 2. Motion for Amendment of Custody Order: By filing this motion, the petitioner requests amendments to specific provisions within the existing custody order, such as visitation schedules, decision-making authority, or parental responsibilities. The argument behind this motion focuses on the custodial parent's inability to adequately fulfill these duties. 3. Motion for Sole Custody: This type of motion emphasizes the petitioner's request for complete sole custody of the child, meaning they retain exclusive legal and physical rights to make decisions for the child and provide their care without the involvement of the custodial parent. The motion highlights the custodial parent's unfitness as the primary reason for the requested change. 4. Motion for Emergency Modification: In urgent situations where the child's safety or well-being is at immediate risk due to the custodial parent's unfitness, the petitioner may file an emergency modification motion. This motion seeks to obtain temporary sole custody of the child until a proper hearing can be conducted to address the custodial parent's fitness. When filing a Motion for Modification or Amendment of Prior Custody Order, it is crucial to provide substantial evidence supporting the claim of the custodial parent's unfitness. This evidence may include instances of neglect, abuse, substance abuse problems, domestic violence, criminal activities, or evidence of the custodial parent being unable to meet the child's physical, emotional, or educational needs. Consulting with a qualified family law attorney is highly recommended ensuring the motion is properly prepared, filed, and presented before the court.
