This free program will help you fill out the petition that you will need to file in Family Court. GF-40. Petition For Modification Of Order Of Custody Visitation.First his motion to modify is just that, a motion. Box 1: Print the county in which you are filing your petition. See "Where do I. File?" in the Introduction for more information about what county you. One parent must file a motion (a formal written request) with the family court requesting temporary custody. You will need to file a Complaint for Modification if the father of your child does not agree with changing the school. To request an emergency custody order, you must prepare a Motion for Emergency Custody, along with an. Affidavit verifying the basis for your motion. Can you provide any additional details or specific instances of how the other parent has been in contempt of the temporary custody order?