LAWS MOTIONS LINKSIn the 31st Judicial Circuit for the State of Missouri, County of Greene
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In re:Marriage of
and
, Respondent. |
NO. PETITION FOR MODIFICATION OF CUSTODY DECREE |
1.1 IDENTIFICATION OF PETITIONER.
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Date of Birth |
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Driver’s License or Identicard (# and State) |
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Home Address |
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1.2 IDENTIFICATION OF RESPONDENT.
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Date of Birth |
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Driver’s License or Identicard (# and State) |
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Home Address |
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1.3 DEPENDENT CHILDREN.
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Name |
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Date of Birth |
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Home Address |
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Date of Birth |
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Home Address |
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II. BASIS
2.1 PETITION FOR AN ORDER MODIFYING CUSTODY DECREE/PARENTING PLAN.
This is a petition for an order modifying the prior custody decree in this matter.
2.2 ADEQUATE CAUSE.
There is adequate cause for hearing the petition for modification.
2.3 CHILD SUPPORT.
[ ] Does not apply.
[ ] An order establishing child support in conjunction with the proposed parenting plan should be entered. A child support worksheet and financial declaration have been filed with this action. (No separate petition for modification of child support needs to be filed)
2.4 TEMPORARY RELIEF.
[ ] Does not apply.
[ ] A temporary parenting plan should be adopted until further hearing in this matter.
2.5 JURISDICTION AND VENUE.
The court has proper jurisdiction and venue.
The moving party resides in _______________________________________ [County and State].
The children reside in _______________________________________ [County and State].
The other party resides in _______________________________________ [County and State].
2.6 JURISDICTION OVER PROCEEDING.
This court has jurisdiction over this proceeding for the reasons below.
[ ] This state is the home state of the children because
[ ] the children lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this proceeding.
[ ] the children are less than six months old and have lived in Washington with a parent or a person acting as parent since birth.
[ ] any absences from Washington have been only temporary.
[ ] Washington was the home state of the children within six months before the commencement of this proceeding and the children’s absence from the state is because of removal or retention by a person claiming custody or for other reasons.
[ ] It is in the best interest of the children that this court assume jurisdiction because the children and the parents or the children and at least one contestant have significant connection with the state; there is substantial evidence concerning the children’s present or future care, protection, training and personal relationships in the state; and
[ ] The children have no home state elsewhere.
[ ] The children’s home state has declined to exercise jurisdiction.
[ ] The children are physically present in this state and has been abandoned or it is necessary in an emergency to protect the children because they have been subjected to or threatened with mistreatment or abuse.
[ ] No other state has jurisdiction or a state with jurisdiction has declined to exercise jurisdiction on the ground that this state is the more appropriate forum and it is in the best interest of the children for this court to assume jurisdiction.
[ ] This court has continuing jurisdiction because the court has previously made a child custody or parenting plan determination in this matter and Washington remains the residence of the children or any contestant.
[ ] Other:
2.7 UNIFORM CHILD CUSTODY JURISDICTION ACT INFORMATION.
Name of Child Mother’s Name Father’s Name
During the last five years, the children have lived:
[ ] in no place other than the State of Washington and with no person other than the moving party or the other party.
[ ] in the following places with the following persons (list each place the children lived, including the State of Washington, the dates the children lived there and the names and present addresses of the persons with whom the children lived):
Claims to custody or visitation.
[ ] The moving party does not know of any person other than the other party who has physical custody of, or claims to have custody or visitation rights to, the children.
[ ] The following persons have physical custody of, or claim to have custody or visitation rights to, the following children (do not list the other party):
Other legal proceedings concerning the children.
[ ] The moving party has not participated in, and is not aware of, any other legal proceedings concerning the children, including any paternity, dependency or custody proceedings.
[ ] The moving party has participated in, or is aware of, the following legal proceedings which concern the children (list the children concerned and the county, state and case number of the proceeding):
2.8 PRIOR CUSTODY DECREE OR PARENTING PLAN.
The custody decree/parenting plan was entered on ____________________ [Date] at ________________________________________ [County and State]. A certified copy of the custody decree/parenting plan to be modified is filed with or attached to this petition, if the decree or plan to be modified was entered in another county or state.
2.9 MAJOR MODIFICATION PURSUANT TO_________________________________.
[ ] Does not apply.
[ ] The custody decree/parenting plan should be modified because a substantial change of circumstances has occurred in the circumstances of the children or the other party and the modification is in the best interests of the children and is necessary to serve the best interests of the children. This request is based on the factors below.
[ ] The parents agree to the modification.
[ ] The children have been integrated into my family with the consent of the other parent in substantial deviation from the prior decree or parenting plan.
[ ] The children’s present environment is detrimental to the children’s physical, mental or emotional health and the harm likely to be caused by a change in environment is outweighed by the advantage of a change to the children.
[ ] The other parent has been found in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under ___________________________.
2.10 MINOR ADJUSTMENTS PURSUANT TO ______________________________________.
[ ] Does not apply.
[ ] The parenting plan should be adjusted because the proposed modification to the parenting plan is:
[ ] a modification in the dispute resolution process.
[ ] a minor modification in the residential schedule that does not change the residence the children are scheduled to reside in the majority of the time and does not exceed twenty-four full days in a calendar year or five full days in a calendar month.
[ ] a minor modification in the residential schedule that does not change the residence the children are scheduled to reside in the majority of the time and is based on a change of residence or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow.
2.11 SUBSTANTIAL CHANGE IN CIRCUMSTANCE.
The requested modification or adjustment of the prior custody decree/parenting plan is based upon the following substantial change in circumstance:
2.12 OTHER:
III. RELIEF REQUESTED
The moving party REQUESTS that the court finds that there is adequate cause for hearing this petition and enter an order modifying the prior custody decree/parenting plan in this matter and approving the proposed parenting plan, which is filed with this petition.
[ ] The moving party also requests that the court:
[ ] Enter an order establishing child support in conjunction with the proposed parenting plan, the child support worksheet and financial declaration which have been filed with this petition.
[ ] Adopt a temporary parenting plan until further hearing in this matter.
[ ] Other:
Dated:
Signature of Lawyer or Moving Party
Print or Type Name
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Signed at ____________________________________ [City and State] on _______________ [Date].
Signature
Print or Type Name
[ ] JOINDER.
The nonmoving party joins in the petition. By joining in the petition, the nonmoving party agrees to the entry of a decree in accordance with the petition, without further notice.
Dated:
Signature of Nonmoving Party
_____________________________________
Print or Type Name
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