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.
Wisconsin 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
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.
In Wisconsin, children cannot dictate where they reside but the courts may take the child's preference into consideration at about age 14 or when the child can articulate a preference and a reason for the preference. A child cannot opt to violate a court order, parents are responsible for following the court order.
Either the custodial or the non-custodial parent may file a petition in court for the modification of a child custody order. They just need to file the necessary paperwork (explained further below). The party who files the petition has to prove it is necessary to change the order.
In cases of malicious parent syndrome, a divorced or divorcing parent seeks to punish the other parent. Sometimes, the offending parent will go so far as to harm or deprive their children in order to make the other parent look bad.
A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.
In Wisconsin, the assumption is that both parents will have custody and placement of the child. The only way that custody and placement is not split 50/50 is if you can prove that doing so would not be in the best interest of the child.
Under Wisconsin law, there are several valid grounds for involuntary termination of another parent's rights. These include abandonment, parental disability, failure to assume parental responsibilities or child abuse.
Best interest factors The child's wishes, if the child is old enough to express a reasonable preference. The mental and physical health of both parents. A child's special needs, as well as how each parent can accommodate those needs.
