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.
West Virginia 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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In addition, the Court may also want to know where the children want to live if they are over 14 years old. If the child is not yet 14 years old, the Court will evaluate if they seem mature enough to have a preference. If a parent wants to challenge 50/50 shared custody they should bring evidence to their hearings.
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.
Proving a Parent Unfit Photos, audio/video recordings, social media posts, phone messages/texts/emails. Medical records, substance abuse rehab records, X-rays, and test results. School psychologist reports, teacher's reports, disciplinary reports. Criminal records, probationary reports, physical/domestic abuse claims.
You may be wondering how to get full custody in West Virginia. The answer to that question will depend on your family's unique circumstances. A child's best interests are at the center of any custody decision. A judge will evaluate a family's overall circumstances to create an order best suited to the child's needs.
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.
How to Prove a Parent Is Mentally Unstable Medical or mental health records, Your testimony, Documents from the other parent's treatment for a substance use disorder, Records from a mental health evaluation, Testimony from a mental health or behavioral health professional, Police reports,
Examples of what makes a parent unfit include, but are not limited to?: Evidence of child abuse (physical, sexual, and/or emotional) Evidence of child neglect and the inability to provide basic needs for the child, such as routine bathing, proper nutrition, and providing a safe environment suitable for living.
West Virginia courts have long used the ?best interest of the child? standard when determining custody, and that hasn't changed. Still, the new law instructs judges to presume that a 50-50 split in physical custody is in the child's best interest.