Petition to Modify Child Custody Agreement

Petition to Modify Child Custody Agreement

Court:    County:

Case Number:    Presiding Judge:

Petitioner Name:    Respondent Name:

RECITALS

WHEREAS, a prior custody determination affecting the parties and the child(ren) was entered by this Court or pursuant to an agreement on or about in case number , establishing the custody and/or parenting time arrangement described in Section 2 below;

WHEREAS, since entry of the existing custody order or agreement there has been a material and substantial change in circumstances affecting the welfare of the child(ren), including but not limited to the factual matters described in Section 4 of this petition;

WHEREAS, modification is sought to protect and promote the best interests of the child(ren), consistent with applicable law and the factors enumerated by this Court;

NOW, THEREFORE,

Petitioner respectfully petitions this Court to modify the existing child custody and parenting time arrangement and alleges as follows:

1. JURISDICTION

This Court has jurisdiction to hear this matter pursuant to the state's statutes governing custody, modification, and the best interests of the child(ren). Petitioner is a resident of and Respondent is a resident of . Venue is proper in this Court because

2. EXISTING CUSTODY ORDER / AGREEMENT

The current custody arrangement was established by: on . Key provisions of the existing order or agreement are described as follows:

3. BASIS FOR MODIFICATION — MATERIAL CHANGE

Petitioner alleges that there has been a substantial and material change in circumstances since entry of the existing order sufficient to warrant modification. Particular changes include:

Specify categories applicable (select all that apply):

Change of primary residence of a party
Significant change in a parent's capacity to care for the child(ren)
Proposed relocation affecting parenting time
Change in child(ren)'s health, education, or special needs

4. BEST INTERESTS OF THE CHILD(REN)

In evaluating this petition, the Court should consider the totality of the circumstances and the factors governing the best interests of the child(ren), including but not limited to: the child's age and needs, the emotional ties between the child and each parent, each parent's ability to provide for the child's physical and emotional needs, the child's adjustment to home, school, and community, and any history of family violence. Specific facts supporting a finding that modification serves the child(ren)'s best interests include:

5. RELIEF REQUESTED

Petitioner requests that the Court modify the existing custody order as follows (check all that apply and provide details):

Modify legal custody (decision-making authority)
Modify physical custody (primary residence)
Modify parenting time schedule
Authorize/deny relocation affecting custody or parenting time
Modify child support terms

6. NOTICE AND SERVICE

Petitioner will provide notice of this Petition and all supporting documents to Respondent by the following method(s). Select applicable method(s) and provide address or service details:

Personal service
Certified mail, return receipt requested
Publication (if permitted by statute)

7. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this state that the foregoing is true and correct to the best of my knowledge, information, and belief.

8. STANDARD PROVISIONS

Governing Law: This Petition shall be governed by and construed in accordance with the laws of the state in which this Court sits.

Entire Agreement: This Petition, together with the attachments and any subsequently filed stipulations approved by the Court, contains the entire agreement of the parties with respect to the matters herein and supersedes any prior oral or written agreements to the extent they conflict with this Petition.

Severability: If any provision of this Petition is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: Any modification or waiver of the provisions of this Petition must be made in writing and approved by the Court. No waiver by any party shall be effective unless in writing.

Counterparts: This Petition may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

ATTORNEY / CONTACT INFORMATION (IF APPLICABLE)

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