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.
Louisiana 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
If their behavior or lifestyle subjects their children to risk or the potential of abuse, neglect, endangerment, or substance abuse, they can be deemed unfit.
Louisiana child custody laws recognize joint custody as an option for separated parents, as well as grandparents' visitation rights, and courts will generally consider a child's own wishes before issuing custody orders. This is a quick summary of child custody laws in Louisiana.
It is extremely rare for courts to award sole legal and sole physical custody to one parent unless the judge finds that one parent is unfit. If the court awards one parent sole physical and sole legal custody, the noncustodial parent will not have a right to have an opinion on how the custodial parent raises the child.
All non-custodial parents are entitled to access and visitation with their minor children, UNLESS THERE IS AN ALLEGATION OF ABUSE.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.
To change a considered order of custody, you must show two things: There has been a material change in circumstances since the existing custody order. The continuation of the existing order is detrimental to the children, or the benefit to the child of a change in custody outweighs the harm.
The court may grant sole custody if they determine by clear and convincing evidence that joint custody is not in the child's best interests. Only if an award of custody to a parent would be detrimental to the child may the court consider awarding custody to a non-parent.