Child Custody Motion for Modification

Child Custody Motion for Modification

Unit 6 Assignment

Kimberly Glackin

PA250-01

Kaplan University

Professor Atkins

December 14, 2012

Maureen Foley

Full Name of Party Filing This Document

400 Potato Field Lane

Mailing Address (Street or Post Office Box)

McCall, Idaho 83710

City, State and Zip Code

(698)-555-1234

Telephone Number

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF VALLEY

Maureen Foley,___________

Plaintiff,

vs.

Richard Turrow,___________

Defendant.

Case No.: 689071

MOTION TO MODIFY AN ORDER OR

DECREE

Fee Category:

Filing Fee:

I, Maureen Foley, [X] Mother [ ] Father, ask the court to enter an order pursuant to Rule 60(c), I.R.C.P., modifying a previous Order/Decree entered in this case, and state:

1. The following child/ren under the age of 18 years, or 19 years and still pursuing a high school education, was/were born to or adopted by the parties:

Name Date of Birth Addresses for last 5 years

(Beginning with most recent city & state)

Colin Turrow 03/04/2002 400 Potato Field Lane McCall, Idaho 83710______

Tyler Turrow 04/19/2000 400 Potato Field Lane McCall, Idaho 83710

2. Mother resides at (city, county, state) McCall, Valley, Idaho. Father resides at (city, county, state) McCall, Valley, Idaho.

3. UCCJEA Jurisdiction. This court has jurisdiction to modify custody of our child/ren pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code § 32-11-101, et seq.

a. [X] I have not participated as a party or witness, in any other case involving our child/ren. or

[ ] I have participated as a party or witness in the following case involving our children (provide all specifics including the parent's name, the state, the court, the case number and the date of the child custody order, if any): .

b. [X] I do not know of any other case that could affect our child/ren. or

[ ] I know of the following court case that could affect our child/ren (provide all specifics including the parent's name, the state, the court, the case number and the nature of the proceeding): .

c. [X] Other than the parents, no one claims custody or visitation rights with our child/ren. or

[ ] In addition to the parents, the following person/s claim custody or visitation for our child/ren (list names and addresses):

d. [X] Our child/ren live(s) only with both parents. or

[ ] If our child/ren lives(s) with someone other than a parent, the name(s) and present address(es) of the person(s) with whom our child/ren live(s) is/are:

4. There have been substantial and material changes in the circumstances of the parties since the date of the last Order/Decree herein. The following changes have occurred (check all boxes that apply):

[ ] The custodial arrangement.

[X] The gross annual income of one or both parents.

[X] A parent is providing medical insurance.

[ ] The parent claiming the tax dependency exemption should be changed.

[ ] (other reason)

5. Custody. [X] No change. or

[ ] The moving party requests that the court modify the order entered (date of last custody order) _____________________________ respecting custody of the minor child/ren as follows:

Legal Custody. [X] No change. or

[ ] Both parties are fit persons to act as parents. It is in the best interest of our child/ren that we be awarded joint legal custody. or

[ ] It is in the best interest of our child/ren that ____________________________ be awarded sole legal custody because _________________________________________________________ ___________________________________________________________________________________________________________________________.

Physical Custody. [X] No change. or

[ ] It is in the best interest of our child/ren that we be awarded joint physical custody of our child/ren on the terms and according to the Parenting Plan which is attached as Exhibit A. or

[ ] _________________________ should be awarded sole physical custody of our child/ren because_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

[ ] ____________________________ should spend time with our child/ren

[ ] as follows: ______________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________