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 Massachusetts 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 is a legal document that allows a parent to request a change in the child custody arrangement. This motion can be filed when there is evidence to support the claim that the custodial parent is unfit to continue having custody of the minor child. In Massachusetts, there are several types of motions for modification or amendment of a prior custody order that can be filed in order to obtain sole custody of a minor child due to the unfitness of the custodial parent. These include: 1. Motion for Modification of Custody: This motion is typically filed when there has been a significant change in circumstances since the original custody order was issued. The requesting parent must provide evidence of the custodial parent's unfitness and demonstrate how the proposed change in custody would be in the best interests of the child. 2. Motion for Amendment of Custody Order: This motion is filed when there are minor changes needed in the existing custody order. It may not necessarily involve proving the custodial parent's unfitness, but rather seeks to modify specific provisions of the custody arrangement. 3. Motion for Sole Custody: This motion is filed to request sole custody of the minor child, based on the unfitness of the custodial parent. The requesting parent must present compelling evidence, such as neglect, abuse, substance abuse issues, or other factors that demonstrate the custodial parent's inability to provide a safe and stable environment for the child. 4. Emergency Motion for Temporary Sole Custody: This motion is filed when there is an immediate concern for the safety and well-being of the child. It seeks temporary sole custody until a full hearing can be scheduled to address the issue of unfitness. When filing any of these motions, it is crucial to provide supporting evidence that establishes the custodial parent's unfitness and the negative impact it has on the child's well-being. This can include testimonies from witnesses, reports from child protective services, medical records, police reports, or any other relevant documentation. It is important to consult with an experienced family law attorney in Massachusetts to ensure that the motion is properly drafted, the required legal procedures are followed, and the best interests of the child are protected throughout the process.
