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.
Mississippi 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
A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.
How do I get a custody modification? In Mississippi, the Chancery Court judge will only grant a modification of a custody order when there has been a material change in circumstances that is adverse to the minor child. The material change must have occurred since the current court order was signed.
You will need to file a petition for custody in the proper court, usually in the county where the child resides or is physically present. Once the petition is filed, you will need to serve your child's other parent.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
When can my child decide which parent to live with? A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright ?best interest of the child? test.
Desertion or abandonment of the child by the parent; Contact not having been made with the child for a significant period of time (at least six months for a child younger than three years old or at least one year for a child three years old or older);
A child 12 years or older can state a preference for which parent he or she wants to live with so long as the following criteria are met: each parent is fit to have custody of the child. each parent can adequately provide for the child's care and maintenance, and.
In Mississippi, the Chancery Court judge will only grant a modification of a custody order when there has been a material change in circumstances that is adverse to the minor child. The material change must have occurred since the current court order was signed.