Custody Modification Motion Draft

Summary

A motion to modify legal custody in Kentucky is drafted, emphasizing the mothers alcoholism, neglect, and uncooperative behavior. The father seeks sole custody, citing his qualifications and the childs best interests. The motion also addresses the mothers objection to joint custody and previous custodial status in Oregon. An affidavit supports the motion, requesting joint custody if sole custody is not granted.

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please add language to the motion including the following: (and noting that the Mother has objected to joint custody, which is the standard in Kentucky, because of the degree of conflict between Parties, and the Mother's contemptuous attitude toward the Father has been shown to be at the root of said conflict). Also note that the Mother's sole custodial status was awarded in * in Oregon, where courts are/were not allowed to order joint custody if either parent objects to it (the opposite of Kentucky's standard). Include language requesting, in the event the Court will not order sole legal custody for the Petitioner/Father, that the Court order joint custody in the alternative. Note than an affidavit by the Petitioner/Father is attached in support of this motion.
Sure, here’s an updated draft for the motion:
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COMMONWEALTH OF KENTUCKY
[COURT NAME]
[COUNTY]
[CASE NUMBER]
[PETITIONER'S NAME], Petitioner
v.
[RESPONDENT'S NAME], Respondent
PETITIONER'S MOTION TO MODIFY LEGAL CUSTODY
Petitioner, [Petitioner's Name], hereby moves this Court to modify the current custody order and grant sole legal custody to the Petitioner. In support of this motion, Petitioner states as follows:
*. Mother's Alcoholism: The Respondent's alcoholism adversely affects her ability to make appropriate decisions for the child. The Court has recently found Respondent in contempt of court and intoxicated while the child was in her care.
*. Uncooperative Attitude: Respondent has demonstrated a contemptuous and uncooperative attitude towards Petitioner, further hindering effective co-parenting.
*. Neglect of Child's Healthcare Needs: Respondent has repeatedly neglected the child's healthcare needs, as will be demonstrated in Court.
*. Father's Qualifications: Petitioner has a masters-level education in healthcare and possesses organizational skills that are in the child's best interests.
*. Conflict Between Parties: The Mother has objected to joint custody, which is the standard in Kentucky, due to the degree of conflict between the Parties. The Mother's contemptuous attitude toward the Father has been shown to be at the root of said conflict.
*. Previous Custodial Status: The Mother's sole custodial status was awarded in * in Oregon, where courts were not allowed to order joint custody if either parent objected to it, which contrasts with Kentucky's standard.
WHEREFORE, Petitioner respectfully requests:
- That the Court modify the current custody order to grant sole legal custody to the Petitioner.
- In the event the Court will not order sole legal custody for the Petitioner, that the Court order joint custody in the alternative.
An affidavit by the Petitioner/Father is attached in support of this motion.
Respectfully submitted,
[Petitioner's Name]
[Address]
[City, State, Zip]
[Phone Number]
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Please ensure to fill in the placeholders with the appropriate information.