Fill and Sign the Modification Order Form

IN THE ___________________ (Name of Court) OF ___________________________ (Name of County), ____________________________________ (State) ____________________________________ PETITIONER VS. CASE NUMBER _______-______ ____________________________________ RESPONDENT Motion to Modify Divorce Decree Comes now __________________________, Petitioner, by and through his attorney, and moves the court for an order modifying the decree filed in this action on ______________ (date of filing) , in order to remove custody of _________________________________ (name of child) from Respondent and grant custody of ___________________________________ (name of child) to Petitioner. This motion is made on the ground that the circumstances of the parties have changed since the entering of the decree and the retention of sole custody by Respondent would be injurious to the welfare of the child and that the granting of sole custody to Petitioner would be a positive improvement for the child. I. Petitioner, ______________________________, who is _____ years of age, resides _____________________________________________________________________ (street address, city, county, state, zip code) . II. Respondent, _________________________________, who is _____ years of age, resides _____________________________________________________________________ (street address, city, county, state, zip code) . III. On __________________ ( date of decree of divorce) , this court rendered a decree of divorce dissolving the marriage between Petitioner and Respondent. A copy of the divorce decree is attached to this Motion as Exhibit A , and incorporated herein by reference. IV. Respondent, _____________________________________, was the petitioner in the divorce action and was awarded full custody of the parties' minor child, ____________________ ____________________ (name of child) , who is ______ years old and whose date of birth is _______________________ (date). V. The description and value of all property owned or possessed by the minor child is set forth in Exhibit B attached hereto and incorporated herein by reference. VI. Since the rendition of the divorce decree, the circumstances surrounding the minor child have materially and substantially changed. Petitioner proposes that if the child continues to remain in the sole custody of Respondent, ______ (his/her) physical health and emotional development will be severely impaired. VII. _______________________________________________________________________ _____________________________________________________________________________ ______________________________________________________________________________ ________________________________________________ ( Describe facts indicating ground of unfitness of Respondent.) Petitioner states that for the above-mentioned reasons, the retention of sole custody by Respondent would be injurious to the welfare of the child and that the granting of sole custody to Petitioner would be a positive improvement for the child. VIII. An affidavit that the present environment of _______________________________ (name of child) may endanger the child’s physical health or significantly impair the child’s emotional development together with supportive facts is attached to this Motion as Exhibit C, and incorporated herein by reference. IX. Since the entering of the original decree, Petitioner has obeyed in all respects the court's order in regard to the support and maintenance of the child. Petitioner is willing and able to provide an environment that will not endanger the physical health or impair the emotional development of the child. X. This court has continuing jurisdiction of this action. WHEREFORE, Petitioner moves that: 1. Respondent be required to appear and answer in this proceeding; 2. The court modify that portion of the original decree regarding child custody and grant sole custody of ________________________________ (name of child) to Petitioner. 3. The court grant such further relief as it deems just and proper. RESPECTFULLY SUBMITTED this the ____ day of __________________, 20____. ____________________________ , Plaintiff BY ________________________________ ______________________________ Petitioner’s Attorney State Bar No. 0000 ____________________________________ Attorney at law Post Office Box _____ City, State, Zip Code Telephone - ___/___-____ Telefax - ___-___-____ CERTIFICATE OF SERVICE I, _________________________________________ (Attorney) , do hereby certify that a true and correct copy of the above and foregoing to Modify Divorce Decree has been served, via US mail, postage prepaid, to the following: _______________________________________________ (Attorney/Law Firm) _________________________________________________________ (Address) ______________________________________________ (City, State, Zip Code) TELEPHONE: (___) _____-_________ COUNSEL FOR _________________________________ (Petitioner/Plaintiff) This the ____ day of ______________, 20___. ______________________________________ Attorney