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.
Keyword: Tennessee 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 Description: In Tennessee, if there are concerns about the fitness of the custodial parent, a Motion for Modification or Amendment of Prior Custody Order in the Divorce Decree can be filed to obtain sole custody of a minor child. This legal process allows the non-custodial parent or another concerned party to request a modification or amendment to the existing custody order based on the unfitness of the custodial parent. This motion is typically filed in cases where the custodial parent's behavior or circumstances have significantly changed and have negatively impacted the child's well-being. The motion emphasizes the need to protect the child's best interests and to provide a safer and more stable environment by awarding sole custody to the filing party. Some potential grounds for claiming unfitness of the custodial parent may include: 1. Substance abuse or addiction: If the custodial parent has developed a substance abuse problem that puts the child at risk or fails to address an existing addiction, it can be a valid reason to seek a modification of custody. 2. Neglect or abandonment: If the custodial parent is neglecting the child's physical, emotional, or educational needs, or if they have abandoned the child altogether, it is important to present evidence of these circumstances in the motion. 3. Domestic violence or child abuse: If there is evidence of domestic violence or child abuse perpetrated by the custodial parent, it is crucial to notify the court in the motion, as experiencing such acts can have severe consequences on the child's well-being. 4. Criminal activity: If the custodial parent has been involved in criminal activities or has a criminal record that may endanger the child, it can serve as grounds for requesting a modification of custody. 5. Mental or physical health issues: Severe mental or physical health issues that render the custodial parent incapable of providing proper care and stability for the child can also be reasons for seeking sole custody. When filing the motion, it is important to provide details about the specific circumstances that exemplify the unfitness of the custodial parent. The motion should include supporting evidence such as medical records, police reports, witness statements, or any other relevant documentation. Additionally, it is recommended to consult with an experienced family law attorney to ensure all legal requirements are met and to present the strongest case possible. The Tennessee 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 significant legal tool that can protect the best interests of the child and ensure their safety and well-being.
