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.
Missouri 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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One party can ask the court to change the order, or the parties can enter into an agreement to the modification of decrees. In Missouri, child custody orders (unless designated "nonmodifiable") can always be modified if certain requirements are met.
Missouri courts grant child custody modifications when parents can prove the changes are in the child's best interests, not merely the desire of either a parent or a child. First, to support a request to change child custody, the parent must show that circumstances have changed since the original order.
Under modifiable maintenance, the court may order that the maintenance be decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances. A party must bring an action to modify maintenance and in order for the court to modify it.
The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child.
A Judgment of Dissolution of Marriage cannot be set aside. After 90 days have passed from the date the Judgment of Legal Separation was signed by the judge, either party may file a motion with the court to convert the Judgment of Legal Separation into a Judgment of Dissolution of Marriage.
So in order to get full custody, you'd likely have to prove that the other parent is unfit, for reasons such as untreated drug addiction, a history of abuse, or some other condition that would pose harm to the child. For information on how to file for custody in Missouri, you can check the Missouri Courts website.
If you believe your existing divorce judgment is unfair due to changed circumstances, you can seek a modification. Maybe you were fired, retired, or even remarried since the date of your judgment. Maybe you've experienced health problems or suffered through a major life event, resulting in an income reduction.
