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.
Nevada 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
Typically, a parent can gain ?sole legal custody? only in cases where the other parent is proven to be an ?unfit parent,? an immediate threat to the health or safety of a child, or completely unavailable or unwilling to care for the child.
You modify a child custody order in Nevada by bringing a motion to the court. You must give the reasons that you want the court to change the child custody order in your case.
In Nevada, a judge has discretion to determine that a child has attained sufficient, intelligence, and maturity to determine which parent the child will reside with. This legal doctrine is known as ?teenage discretion.? There is no hard and fast age when this doctrine will be instituted.
This is referred to as ?teenage discretion.? Typically, a child will not be asked to voice a preference about custody decisions in Nevada until he or she is at least 12 years old.
?Unfit parent? is any parent of a child who, by reason of the parent's fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. NRS 128.020 Jurisdiction of district courts.
To modify a current custody order, the moving party must first show there has been a substantial change of circumstances effecting the welfare of the child and the modification serves the best interest of the child.
NRS 125C. 006 Consent required from the noncustodial parent to relocate child when primary physical custody established; petition for permission from court; attorney's fees and costs. (b) If the noncustodial parent refuses to give that consent, petition the court for permission to relocate with the child.
The ?30/30 Rule? means that if a parent pays a medical expense for a child that is not paid by insurance, that parent must send proof of the expense to the other parent within 30 days of paying. The other parent then has 30 days to reimburse the paying parent ½ the cost.