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.
Oregon 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
When awarding custody, the court aims to serve the best interests of the child. Your abilities as a parent. Pre-existing relationships with your kids. Stability. Physical and emotional health. Safety.
The Oregon Child Support Program reviews the request and sends notice to the other parent. We will confirm participants' contact and financial information and create a proposed modification to the child support order. This process usually takes about 30 days.
Both parents can agree or either parent can file a motion to modify. For one parent to change custody or support he or she must show that there has been a substantial change of circumstances since the last custody or support order. The change in custody or parenting time must also be in the best interest of the child.
If the other parent asks the court to change the custody, parenting time and/or child support provisions in a judgment, and you do not agree with ALL the requested changes, you must "respond" in WRITING by the deadline specified in the "Order to Show Cause" served upon you, typically 30 days.
Oregon law list factors to determine if a parent is unfit, such as abusive, cruel or sexual conduct toward any child; addiction or habitual use of narcotics, alcohol or controlled substances; physical neglect of the child; or mental health condition that renders parent incapable of proper care to the child.
A modification case is started by filing a motion and affidavit citing the facts you claim are a substantial change in circumstances. You are required to sign the affidavit under oath. The former spouse or other parent is not required to file any response to the motion.