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.
New York Motion for Modification or Amendment of Prior Custody Order in Divorce Decree is a legal process that allows a parent to seek sole custody of a minor child due to the unfitness of the custodial parent. This motion can be filed in various situations, including substance abuse by the custodial parent, neglect or abuse of the child, or any other condition that poses a significant risk to the child's well-being. Types of New York Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to the Unfitness of Custodial Parent: 1. Substance Abuse: If the custodial parent is struggling with addiction issues, the non-custodial parent may file a motion to modify the custody order due to the parent's unfitness caused by substance abuse. 2. Neglect or Abuse: In cases where the custodial parent is neglectful or abusive towards the child, the non-custodial parent can file a motion to secure sole custody, aiming to protect the child from harm and provide a more stable environment. 3. Mental or Physical Health Concerns: If the custodial parent's mental or physical health significantly impairs their ability to care for the child, the non-custodial parent can seek a modification of the custody order. 4. Criminal Activities or Incarceration: When the custodial parent is involved in criminal activities or has been incarcerated, the non-custodial parent may file a motion for sole custody, asserting that the child's best interests are not being served by remaining with an unfit parent. 5. Relocation: In cases where the custodial parent plans to relocate outside the agreed-upon geographic boundaries, the non-custodial parent can argue that the move will adversely affect the child's well-being and file a motion for sole custody based on the unfitness resulting from the proposed relocation. It's crucial to note that each case is unique, and the specifics of the motion will depend on the circumstances of the unfitness of the custodial parent. Consulting with an experienced family law attorney in New York is highly recommended navigating the legal complexities and optimize the chances of a successful motion for modification or amendment of the custody order.
