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.
Montana 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
There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.
There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.
If your child's other parent is preventing you from seeing your child in violation of the agreement, you can ask the court to make them to abide by the terms of the parenting plan. This approach requires submitting a number of forms, such as Petition for Contempt and Supporting Affidavit forms.
The process to request changes is called amending a parenting plan. The amendment process may be initiated by one parent if both parents are not in agreement, or by both parents that agree on the changes.
Evidence of physical abuse, or threats of abuse, by one parent against the other parent or child. Substance abuse by a parent. Whether one parent has been convicted of certain violent or sexual crimes. A parent's untreated mental health issues that impact the child.
Montana law states that the court will decide parenting arrangements based on what it believes are the "best interests of the child" (M.C.A. § 40-4-212).
40-4-217. Notice of intent to move. (1) A parent who intends to change residence shall, unless precluded under 40-4-234, provide written notice to the other parent.
The Agreed Amended Parenting Plan outlines the new parenting schedule that you and the other parent have agreed on. Note: Use these instructions and forms to make changes to your Parenting Plan. These instructions and forms may not be right for your case. They can not take the place of advice from a lawyer.
