Child Custody Motion

CHILD CUSTODY MOTION

Petitioner Name:     Respondent Name:

Court Name:     County:

Case Number:     Date Filed:

RECITALS

WHEREAS, Petitioner is the parent and legal guardian of the minor child(ren): Name(s) and DOB(s): DOB:
DOB:

WHEREAS, Petitioner and Respondent are the primary parties having parenting responsibilities for the child(ren) identified above and seek a judicial determination regarding allocation of parental responsibilities and parenting time to serve the best interests of the child(ren);

WHEREAS, Petitioner seeks temporary and permanent orders to establish custody, legal decision-making authority, parenting time, and any ancillary relief necessary to protect the safety, welfare, and best interests of the child(ren).

NOW, THEREFORE

Petitioner moves the Court for an order as set forth in the following numbered paragraphs and alleges the facts and legal bases supporting this Motion as follows:

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction over the subject matter of this action and the parties pursuant to the applicable statutes governing child custody and parental responsibilities where the child(ren) have their habitual residence or where jurisdiction is otherwise proper.

1.2 Venue is proper in this County because the child(ren) reside here and material acts or omissions affecting the child(ren) occurred within this County.

2. BACKGROUND

3. RELIEF REQUESTED

Petitioner requests that the Court enter orders as follows (check applicable and provide particulars):

Joint legal custody (shared decision-making regarding education, healthcare, and religion)

Sole legal custody to Petitioner (exclusive decision-making authority)

Primary physical custody to Petitioner    Proposed primary residence address (if different):

Emergency temporary custody pending hearing for the following safety concerns:

4. BEST INTERESTS OF THE CHILD

4.1 Petitioner alleges that the requested orders are in the best interests of the child(ren). Factors supporting this request include, without limitation: the child(ren)'s emotional and physical needs, the stability of each parent's home, the child(ren)'s relationship with each parent, any history of domestic violence or substance abuse, each parent's ability to provide for education and healthcare, and the child's own preferences where appropriate.

5. TEMPORARY ORDERS

5.1 Petitioner requests the Court issue temporary orders awarding the relief requested in Paragraph 3 until final resolution of this action, including temporary custody, parenting time, make-up parenting time, and any necessary orders restricting contact to protect the child(ren).

5.2 Petitioner also requests appointment of a guardian ad litem or child advocate where the Court deems appropriate to investigate and report regarding the best interests of the child(ren).

6. SERVICE, NOTICE AND HEARING

6.1 Petitioner requests that Respondent be served with a copy of this Motion, any proposed temporary orders, and notice of the hearing on this Motion in accordance with the applicable rules of civil procedure.

6.2 Petitioner requests a hearing and proposes the following preferred hearing date:

7. PROPOSED ORDERS

8. CERTIFICATION OF TRUTH

I certify under penalty of perjury under the laws of this jurisdiction that the statements contained in this Motion are true and correct to the best of my knowledge, information, and belief.

GOVERNING LAW; MISCELLANEOUS

Governing Law: This Motion shall be construed and governed by the laws of the jurisdiction in which this Court sits. Any relief granted shall be subject to the standard legal principles applicable to child custody, parental responsibilities, and the best interests of the child(ren).

Entire Agreement: This Motion, including any attachments and proposed orders, constitutes the entire request for relief set forth herein and supersedes any prior oral or written statements inconsistent with the relief requested.

Severability: If any provision of this Motion is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Amendments; Waiver: Any amendment or waiver of a provision of this Motion must be in writing and signed by the moving party or ordered by the Court. No failure or delay in exercising any right or remedy shall operate as a waiver thereof.

SERVICE INFORMATION

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

1. Grant the temporary and permanent custody orders as set forth in this Motion;
2. Enter the proposed parenting time schedule and any protective orders necessary to ensure the safety and welfare of the child(ren);
3. Appoint a guardian ad litem if appropriate; and
4. Grant such other and further relief as the Court deems just and proper.

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