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 to Obtain Sole Custody of a Minor Child Due to Unfitness of the Custodial Parent is a legal document filed in the state of Illinois to seek a change in custody arrangements for a minor child. This motion is typically filed by the noncustodial parent or another concerned party when there are compelling reasons to believe that the custodial parent is unfit to continue caring for the child. Key Keywords: Illinois, Motion for Modification, Amendment, Prior Custody Order, Divorce Decree, Sole Custody, Minor Child, Unfitness, Custodial Parent. Different Types of Illinois 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: 1. Emergency Motion for Modification or Amendment: This type of motion is filed when there is an immediate danger or threat to the well-being and safety of the child, requiring the court to intervene promptly and modify the existing custody order. 2. Non-Emergency Motion for Modification or Amendment: This type of motion is filed when there are ongoing concerns about the custodial parent's fitness to care for the child, but there is no immediate danger or threat. It seeks a modification of custody rights over a longer period through a formal legal process. 3. Motion to Suspend Visitation Rights: In cases where the custodial parent's behavior or actions pose a risk to the child's well-being during visitation, the noncustodial parent may file a motion specifically seeking to suspend or restrict the custodial parent's visitation rights. 4. Motion for Psychological Evaluation: In situations where there are concerns about the mental or emotional well-being of the custodial parent, a motion for a psychological evaluation may be filed. This motion seeks to determine the custodial parent's fitness based on a professional assessment. 5. Motion for Drug Testing: If there are suspicions or evidence of substance abuse by the custodial parent, a motion for drug testing may be filed. This motion requests that the court orders the custodial parent to undergo testing to assess their ability to provide a safe and stable environment for the child. 6. Motion for Termination of Parental Rights: In extreme cases where the custodial parent's unfitness is established beyond doubt, a motion for termination of parental rights may be filed. This motion seeks to place the child under the sole custody of the noncustodial parent or another suitable party permanently. It is important to consult with a qualified family law attorney for guidance and assistance in preparing and filing a Motion for Modification or Amendment of Prior Custody Order in a Divorce Decree to Obtain Sole Custody of a Minor Child Due to Unfitness of the Custodial Parent in Illinois.
