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.
Hawaii 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
In determining how custody will be allocated between parents, a Hawaiian judge will evaluate the best interests of the child. A child's best interests will be assessed by reviewing factors that influence the health and overall well being of the child.
Some of the circumstances under Hawaii state law in which the court will involuntarily terminate a parent's legal rights to their child include: If the parent surrendered care of the child to another person for at least two years. If the parent failed to communicate with the child for at least one year.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
There are two types of child custody in Hawaii: physical and legal custody. "Physical custody" refers to where the child lives. A parent with physical custody lives in the same household as the child. If it serves a child's best interests, a judge may award parents shared physical, also called "joint physical custody".
Short of that, there is no specific age under Hawaii law at which a child can choose his custodial parent. Hawaii statutes do provide that the ?preferences? of a child of ?suitable age and discretion? should be given ?due weight and deference? by the court.
There is no specific age to consider the child's wishes on custody in Hawaii. A child's custodial preference can be considered at any age as long as they are able to make an independent, well-reasoned decision. Judges watch for signs that a child is coerced to make a decision.
Modification of Child Custody If only one parent is pushing for a change in custody, the process is more difficult. To begin, they will have to file a request with the court. During this process, the parent proposing a change must: Provide proof that the change would be beneficial for the child.
Physical custody means who the child lives with. Physical custody can be joint (usually this means the child spends equal time with both parents) or sole (usually this means the child lives with one parent, and the other gets to visit).