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.
Pennsylvania 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
Open a Case To open a child custody case, you must file your Complaint or Petition with the Clerk of the Court hearing your case. You must also pay a filing fee which can range between $57 to $300 depending on the court in which you are filing your lawsuit.
If you and your co-parent cannot agree about your custody arrangement, you can petition the court for a change. To do so, you must prepare a schedule you think is in your child's best interests. You will also need to fill out an official petition to modify custody from with the court that initially handled your case.
If you won't have an attorney, complete a Self-Represented Party Entry of Appearance. If you cannot afford filing fees, complete a Petition to Proceed In Forma Pauperis to ask the court to waive them.
To win a custody modification case, you must prove to the court that your child's wellbeing will substantially improve if the suggested changes are accepted. The outcome of the case will depend on what the court will consider to be in the child's best interest.
A parent has the option of filing an emergency custody order when they feel that their child is in immediate risk of harm. To file is to essentially request for the courts to immediately intervene to place a child in either the petitioning parent's custody or someone else's custody until it is safe to lift the order.
Parents who are not in good physical health, are struggling with a mental health condition, have substance abuse or alcohol problems, or who are convicted of certain types of crimes are all examples of parents who may be deemed unfit.
Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. To determine the child's best interests, the court must look at all factors that legitimately impact the child physically, intellectually, morally and spiritually.
If you and your co-parent cannot agree about your custody arrangement, you can petition the court for a change. To do so, you must prepare a schedule you think is in your child's best interests. You will also need to fill out an official petition to modify custody from with the court that initially handled your case.