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 Kentucky Motion for Modification or Amendment of Prior Custody Order in a Divorce Decree allows a non-custodial parent to request sole custody of a minor child due to the unfitness of the custodial parent. This legal process enables parents to seek a change in their existing custody arrangement when there are concerns about the well-being and safety of the child. A "Motion for Modification or Amendment" refers to the formal request made by the non-custodial parent, seeking to modify the current custody arrangement stated in the original divorce decree. The purpose of this motion is to obtain sole custody of the minor child, as it is believed that the custodial parent is unfit to continue as the primary caregiver. In this context, keywords relevant to the topic include: 1. Kentucky: Highlights the location and jurisdiction where the motion is filed, indicating that it pertains specifically to the laws and regulations of Kentucky. 2. Motion for Modification or Amendment: Denotes the legal process in which a parent requests a change to the existing custody arrangement. 3. Prior Custody Order: Refers to the initial custody order specified in the divorce decree, which the non-custodial parent aims to modify or amend through their motion. 4. Divorce Decree: Represents the legal document issued by the court at the time of divorce, which includes provisions for child custody and support. 5. Sole Custody: Specifies the desired outcome of the motion, with the non-custodial parent seeking sole custody of the minor child. 6. Minor Child: Pertains to a child under the age of majority, typically 18 years old, who is the subject of the custody dispute. 7. Unfitness of Custodial Parent: Highlights the specific reason for seeking sole custody, indicating that the custodial parent may be considered unfit to continue as the primary caregiver due to various factors such as abuse, neglect, addiction, or endangerment. The Kentucky Motion for Modification or Amendment of Prior Custody Order in a Divorce Decree to Obtain Sole Custody of a Minor Child Due to the Unfitness of the Custodial Parent may not have different types per se, but rather, the content of each motion may vary depending on the unique circumstances of the case at hand.