The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
In New Mexico, a Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child is a legal document that allows parents to seek modifications or amendments to an existing divorce decree, specifically regarding the child custody and support arrangements when the father agrees to be the sole provider for the child. This petition is typically filed when circumstances or the needs of the child change after the initial divorce decree has been issued. The New Mexico Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child is intended to ensure the well-being and best interests of the child by requesting alterations to the previous custody and support orders. Some common scenarios that may warrant a modification or amendment of the divorce decree include a change in the father's financial situation, relocation, job loss, medical emergencies, or a significant shift in the child's needs. When filing the Joint Petition, both parents must be in agreement on the proposed modifications and sign the document. It is crucial to provide detailed and factual information regarding the changes sought, providing a thorough explanation supported by relevant evidence. This ensures the court has a comprehensive understanding of the circumstances and can make a fair judgment. Key elements that should be addressed in the Joint Petition may include: 1. Child Custody Modification: Clearly outline the desired changes to the custody arrangement and parenting time schedule to reflect the father assuming sole provider responsibilities. Describe how this modification will be beneficial to the child's well-being and provide specific details about the father's ability to fulfill this role effectively. 2. Child Support Amendment: If the father's decision to be the sole provider affects the existing child support arrangement, provide detailed calculations and justifications for any proposed amendments. Clarify the reasons behind the requested changes and how they align with the child's best interests. 3. Documentation: Attach relevant supporting documents, such as updated financial statements, employment records, medical records, or any other evidence that supports the need for modification or amendment. 4. Parenting Plan: Submit a revised parenting plan that outlines how the child's needs will be met in terms of education, healthcare, extracurricular activities, and any other areas that may have changed. This plan should reflect the father's commitment to being the sole provider and address how he will ensure the child's overall well-being. 5. Agreement and Consent: Include a section where both parents confirm their agreement and consent to the proposed modifications. This demonstrates that the parents are on the same page and are jointly seeking what is in the best interests of the child. It is important to note that there may be different types of Joint Petitions to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child based on the specific circumstances. These may include petitions for changes to the custody arrangement, child support modification, visitation schedule adjustments, relocation requests, or any other modifications necessary to address the welfare of the child and reflect the father's role as the sole provider. When completing a New Mexico Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child, it is advisable to consult with an attorney specializing in family law to ensure all legal requirements are met and to increase the chances of a successful outcome.
