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.
A Wake North Carolina 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 procedure that allows an individual to seek a change in a custody arrangement due to concerns about the fitness of the parent who currently has custody. This motion can be filed by the noncustodial parent or a concerned party, such as a grandparent, guardian ad item, or even the child themselves if they are of appropriate age. In Wake County, North Carolina, there are different types of motions for modification or amendment that can be utilized in specific situations. Some common ones include: 1. Motion for Modification based on Substance Abuse: If there is evidence that the custodial parent has a substance abuse problem that puts the child at risk, the noncustodial parent or concerned party can file a motion for modification to seek sole custody of the minor child. 2. Motion for Modification based on Domestic Violence: If there is a history of domestic violence involving the custodial parent, the noncustodial parent or concerned party can file a motion for modification to protect the minor child from harm and obtain sole custody. 3. Motion for Modification based on Neglect or Abuse: If there is evidence of neglect or abuse by the custodial parent, such as failing to provide proper care or subjecting the child to harmful environments, a motion for modification can be filed to obtain sole custody for the safety and well-being of the minor child. 4. Motion for Modification based on Parental Alienation: If the custodial parent is intentionally alienating the child from the noncustodial parent, negatively impacting their relationship and causing emotional harm, a motion for modification can be filed to address and rectify this issue. 5. Motion for Modification based on Parental Instability: If the custodial parent demonstrates a pattern of instability, such as frequent changes in residence or unstable relationships, which negatively impact the child's stability and well-being, a motion for modification can be filed to seek sole custody in the best interest of the minor child. It is important to note that each case is unique, and the specific circumstances and evidence will determine the appropriate grounds and type of motion for modification to be filed in Wake North Carolina. Consulting with an experienced family law attorney is crucial to navigate the legal process and ensure the best possible outcome for the child involved.A Wake North Carolina 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 procedure that allows an individual to seek a change in a custody arrangement due to concerns about the fitness of the parent who currently has custody. This motion can be filed by the noncustodial parent or a concerned party, such as a grandparent, guardian ad item, or even the child themselves if they are of appropriate age. In Wake County, North Carolina, there are different types of motions for modification or amendment that can be utilized in specific situations. Some common ones include: 1. Motion for Modification based on Substance Abuse: If there is evidence that the custodial parent has a substance abuse problem that puts the child at risk, the noncustodial parent or concerned party can file a motion for modification to seek sole custody of the minor child. 2. Motion for Modification based on Domestic Violence: If there is a history of domestic violence involving the custodial parent, the noncustodial parent or concerned party can file a motion for modification to protect the minor child from harm and obtain sole custody. 3. Motion for Modification based on Neglect or Abuse: If there is evidence of neglect or abuse by the custodial parent, such as failing to provide proper care or subjecting the child to harmful environments, a motion for modification can be filed to obtain sole custody for the safety and well-being of the minor child. 4. Motion for Modification based on Parental Alienation: If the custodial parent is intentionally alienating the child from the noncustodial parent, negatively impacting their relationship and causing emotional harm, a motion for modification can be filed to address and rectify this issue. 5. Motion for Modification based on Parental Instability: If the custodial parent demonstrates a pattern of instability, such as frequent changes in residence or unstable relationships, which negatively impact the child's stability and well-being, a motion for modification can be filed to seek sole custody in the best interest of the minor child. It is important to note that each case is unique, and the specific circumstances and evidence will determine the appropriate grounds and type of motion for modification to be filed in Wake North Carolina. Consulting with an experienced family law attorney is crucial to navigate the legal process and ensure the best possible outcome for the child involved.
