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.
North Carolina 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
After the forms are filled out and notarized, you must make 2 COPIES (one for yourself, one for the other party and the original for the file). 4. There is a not a filing fee to file a motion for modification.
Filing a Motion To Modify a Custody Order in NC To change a permanent custody order, a parent or guardian who is a party to the custody arrangement must file a Motion to Modify. The motion must assert that: There has been a substantial change in circumstances since the original custody order was entered.
North Carolina courts have held that the following may be grounds that meet the Substantial Change of Circumstances test: Violation of a Court Order. The Child's Present or Future Well-being. The Personality, Conduct or Character of Either Parent.
Existing child custody orders in North Carolina, whether by consent or after trial, may be modified, subject to a finding of a substantial change in circumstances affecting the best interests and welfare of children? not the parent.
In the context of parental unfitness, the court would consider the physical and mental health of the parents, their ability to provide a stable and safe home environment, whether there was abuse or domestic violence in the home, and whether there was drug or alcohol abuse, among other things.
The following factors are considered when a parent makes a motion to change the custody or visitation order: Stability for the child. Child's wishes. Age of child. Domestic violence. The emotional or physical health of a child or parent. Whether a parent has attempted to alienate the child from the other parent.
