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.
A South Dakota 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 is a legal request made by one parent to the court, seeking a change in the existing custody arrangement to grant them sole custody of the minor child. This motion is typically filed when the custodial parent is deemed unfit or unable to provide a safe and stable environment for the child's well-being. South Dakota recognizes several types of 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. 1. Motion to Modify Custody: This type of motion is filed when the requesting parent aims to change the existing custody arrangement due to the other parent's unfitness. The court will consider evidence and determine if modifying the custody order is in the best interest of the child. 2. Motion to Amend Custody Order: Similar to the motion to modify custody, the motion to amend custody order seeks to alter the current custody arrangement to provide sole custody to the requesting parent, highlighting the other parent's unfitness and the negative impact on the child's well-being. 3. Motion to Obtain Sole Custody of Minor Child: This motion is specifically designed to request sole custody, spotlighting the custodial parent's unfitness and inability to adequately care for the child's needs. It aims to transfer all decision-making rights and responsibilities solely to the requesting parent. 4. Motion for Temporary Sole Custody: In cases of immediate concern or emergency situations, a parent may file a motion for temporary sole custody to protect the child's well-being. This type of motion requests a temporary change in custody until a comprehensive investigation and determination can be made. 5. Motion for Emergency Modification of Custody Order: Filed under urgent circumstances, this type of motion is used when there is an imminent danger to the child's safety or well-being due to the custodial parent's unfitness. It requests an immediate modification of the custody order. 6. Motion for Psychological or Substance Abuse Evaluation: In situations where the requesting parent suspects the custodial parent is unfit due to mental health issues or substance abuse problems, this motion seeks to request a psychological evaluation or substance abuse assessment. The court may consider the results as a decisive factor in modifying the custody order. When filing any of the above motions, it is crucial to provide detailed evidence and examples of the custodial parent's unfitness, such as neglect, abuse, addiction, criminal behavior, or failure to meet the child's basic needs. Consulting with an experienced family law attorney is highly recommended ensuring all legal requirements are met and to increase the chances of a successful outcome in court.
