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.
Washington 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
In Washington, a post-divorce modification order is a court order that updates or changes the terms of a divorce decree after it has been finalized. This modification order can be requested by either party if there has been a significant change in circumstances that affects the terms of the divorce agreement.
In Washington, couples are entitled to the right to cancel their divorce petition at any time before the judge signs the final divorce decree. Keep in mind that the process can vary depending on whether the divorce filed was contested or uncontested.
The effect of a parent's military duties potentially impacting parenting functions shall not, by itself, be a substantial change of circumstances justifying a permanent modification of a prior decree or plan.
In Washington, the general rule is that courts may order parenting plan modifications if (1) there has been a substantial change in the circumstances of a parent or child since the original parenting plan was issued, and (2) if the modification is in the best interests of the child.
Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries. In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
How do you modify spousal maintenance (alimony) in Washington State? The party seeking modification must prove to the court a substantial change in circumstances, and he or she must do so prior to the existing maintenance obligation expiring.
A notice of appeal must be filed in the trial court within the longer of (1) 30 days after the entry of the decision of the trial court which the party filing the notice wants reviewed, or (2) the time provided by statute as described in RAP 5.2e.