Legal Motion for Parents

LEGAL MOTION FOR PARENTS

Court:    Case No.:

Judge:

Movant Parent: (hereinafter "Movant")    Co-Movant Parent: (hereinafter "Co-Movant")

Child(ren):    DOB:

RECITALS

WHEREAS, Movant and Co-Movant are the biological or legal parents of the child(ren) identified above and have appeared in this Court for matters concerning parental responsibilities and custody; and

WHEREAS, the parties entered into prior orders affecting custody, visitation, or parental responsibilities on which remain in effect as to certain issues; and

WHEREAS, the parties now seek relief from the Court in order to address present facts and circumstances affecting the best interests, welfare, and safety of the child(ren).

NOW THEREFORE, Movant and Co-Movant respectfully move the Court for the following relief and state as follows:

1. RELIEF REQUESTED

Movant and Co-Movant request the Court enter an order granting the following (check all that apply and describe specifics where requested):

Temporary sole custody to Movant or Co-Movant

Temporary shared custody and revised parenting schedule

Emergency protective order / restraining order

Modification of visitation or parental decision-making authority

2. STATEMENT OF FACTS

The following facts are set forth in support of the requested relief and are true and correct to the best of Movant and Co-Movant's knowledge:

Relevant incident or change in circumstance occurred on: . Provide details above.

3. GROUNDS FOR RELIEF

Movant and Co-Movant base this Motion on the best interests of the child(ren), changed circumstances since the last order, and the Court's inherent authority to enter orders necessary to protect the welfare and safety of the child(ren). The specific legal grounds include, without limitation, material change in circumstances, risk of harm to the child(ren), and the failure of existing arrangements to serve the child's best interests.

4. TEMPORARY AND EMERGENCY RELIEF

Movant and Co-Movant request that pending final determination of this matter the Court enter temporary orders as necessary to protect the child(ren). The parties request that the Court consider expedited relief and, if appropriate, an ex parte hearing.

Request ex parte hearing (justification provided below)

5. EVIDENCE AND EXHIBITS

Movant and Co-Movant will submit the following evidence in support of this Motion:

6. NOTICE AND SERVICE

Movant and Co-Movant certify that a copy of this Motion will be served on all parties and counsel of record in accordance with the rules of this Court. Service will be made by the following method(s):

U.S. Mail    Personal Hand Delivery    Electronic Service (as permitted by Court rules)

7. PRAYER FOR RELIEF

WHEREFORE, Movant and Co-Movant respectfully request that the Court:

1. Grant the relief requested in Section 1 above; and

2. Schedule an expedited hearing as requested, if necessary; and

3. Award such other and further relief as the Court deems just and proper to secure the welfare and best interests of the child(ren).

8. CERTIFICATION

I hereby certify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and that this Motion is filed in good faith and not for purposes of delay.

MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereunder shall be governed by the laws and procedural rules of the jurisdiction of the Court presiding over this matter.

Entire Agreement: This Motion, including any attachments and exhibits, constitutes the complete request for relief set forth herein. Any prior oral or written statements inconsistent with this Motion are superseded to the extent of any conflict.

Severability: If any provision of this Motion is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: This Motion may be amended by written filing with the Court. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought.

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