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.
In Utah, a Motion for Modification or Amendment of Prior Custody Order in Divorce Decree can be filed to seek sole custody of a minor child due to the alleged unfitness of the custodial parent. This legal action aims to evaluate the current custodial arrangement and propose a change in custody to ensure the child's best interests are protected. Here is a detailed description of this motion: Utah 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: This legal motion allows a concerned parent or guardian to request a modification or amendment of a prior custody order outlined in a divorce decree. It is typically filed when there is substantial evidence to show that the custodial parent is unfit or unable to provide proper care for the minor child. Some relevant keywords related to this motion include: 1. Utah's family law 2. Custody modification 3. Amendment of custody order 4. Sole custody 5. Unfitness of custodial parent 6. Prior to divorce decree 7. Minor child 8. Modification hearing 9. The Best interest of the child 10. Substantial change of circumstances Types of Utah Motion for Modification or Amendment of Prior Custody Order due to Unfitness of the Custodial Parent: 1. Motion for Temporary Modification of Prior Custody Order: This type of motion is filed when immediate action is needed to protect the child's wellbeing. It requests a temporary modification of the custody order until a final decision is reached. 2. Motion for Full Modification of Prior Custody Order: This motion seeks a complete change in custody arrangement, requesting sole custody of the child for the noncustodial parent due to the custodial parent's alleged unfitness. 3. Motion for Amendment of Prior Custody Order: This type of motion aims to introduce specific changes in the existing custody order while maintaining joint custody. It may propose limited visitation rights or supervised visits for the unfit custodial parent, ensuring the child's safety. When filing a Motion for Modification or Amendment of Prior Custody Order in a Utah divorce decree, it is crucial to gather compelling evidence of the custodial parent's unfitness, demonstrating how it adversely affects the child's physical or emotional well-being. The court will then evaluate the evidence, consider the child's best interests, and make a decision based on the presented facts. Consulting with an experienced family law attorney is highly recommended navigating this complex legal process and increase the chances of obtaining the desired outcome for the child's welfare.
