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.
The Phoenix Arizona 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 action taken by a concerned parent seeking sole custody of their minor child due to the unfitness of the current custodial parent. This motion can be filed in the family court of Phoenix, Arizona, and aims to protect the best interests and welfare of the child involved. Keywords: Phoenix Arizona, motion, modification, amendment, prior custody order, divorce decree, sole custody, minor child, unfitness, custodial parent, family court, best interests, welfare There are various types of Phoenix Arizona 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 that can be pursued, depending on the specific circumstances of the case. Some of these types include: 1. Motion for Modification: This type of motion is filed when one parent believes there has been a substantial change in circumstances that affect the child's well-being, necessitating a modification of the prior custody order. The unfitness of the custodial parent can be presented as a significant change justifying the need for sole custody. 2. Motion to Amend Divorce Decree: This motion is filed when there is a need to amend the existing divorce decree regarding custody arrangements. If the custodial parent's fitness is called into question, the motion may seek to amend the decree by transferring sole custody to the other parent. 3. Motion for Sole Custody: This type of motion is specifically focused on obtaining sole custody of the minor child due to the unfitness of the custodial parent. The motion argues that granting sole custody to the filing parent is in the child's best interests, given the unfit situation with the current custodial parent. 4. Motion for Emergency Custody: In cases where the custodial parent's unfitness poses an immediate threat to the child's safety or well-being, a motion for emergency custody might be pursued. This motion seeks to obtain temporary sole custody of the minor child until a formal hearing or investigation can take place. In conclusion, the Phoenix Arizona 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 action aimed at securing the best interests and welfare of children. It involves filing various types of motions depending on the specific circumstances of the case, allowing concerned parents to request modification or amendment of custody orders and seek sole custody when the custodial parent is deemed unfit.
