People's Legal Front

E MAIL ADDRESS:


Name of Court:

State:

In Regards of Marriage:

Plaintiff:

Plaintiff Attorney,

Defendant:

Defendant Attorney,

Case Number:

Motion Title:

Jurisdictional Statement:
COMES NOW Petitioner, Se Dt, and petitions this Court to modify its initial decree of September 30, 1996, as to paragraph eight (8), regarding the custody of his children and as to paragraph nine (9), regarding child support payments to respondent and for his petition states to the Court as follows: There is adequate cause for this court to cause a modification of its initial decree in the above-captioned cause. The conditions upon which the court ordered and issued its initial decree have substantially changed in that the children of the parties, ______________________ , D.O.B. September 4, 1989 and ______________________, D.O.B.. December 22, 1991, have been subjected to mistreatment, abuse and neglect by respondent and respondent’s paramours and roomates; which mistreatment, abuse and neglect is currently under investigation by the Missouri Division of Family Services and the State of Missouri child abuse and neglect agency, by and through Ms. Lisa H and Ms. Carolyn Mc.

FACTS:
1. Initial decree was handed down by this court on September 30, 1996, as to paragraph eight (8), placing ________________________________________________, into joint custody of the parties with respondent having primary physical custody.

2. The children of the parties are now residents of the State of Missouri and have been residents of the State of Missouri and physically present in the State of Missouri since the initial decree.

3. The trial court erred in refusing to allow defendant’s offering of the written United States Supreme Court case of City of Houston v. Hill with regard to its holding concerning "verbal aggression" and city ordinances, but rather allowed itself to be persuaded by plaintiff rattling off cases he claimed had ruling authority over the holding in the Hill case but which when asked by the court could not tell the court the holdings of any of his cited cases and in so doing the defendant’s right to present a viable defense was prevented by the court.

4. Petitioner is and has been a resident of the State of Missouri continuously since the court’s initial decree, and is now and has been a resident of Greene County for the past two years, currently residing at _____________, Springfield, MO 65803.

5. Respondent is a resident of Webster County at Marshfield, Missouri.

6. Petitioner has not participated in any capacity in any other litigation concerning the custody of his children in this or any other state.

7. Petitioner has no information of any custody proceeding concerning these children pending in any court of this or any other state.

8. Petitioner’s spouse, _____________________, shares actual physical custody of the petitioner’s children in their home at _____________, Springfield, MO 65803.

The Prayer for relief must be included. Tell the court what you want the court to do. Ask for cost, attorney fees, sanctions, and the records.
Wherefore, petitioner requests that the court finds that there is adequate cause for hearing this petition and enter an order modifying the initial decree of joint custody of the parties to grant sole custody of ____________________to petitioner, Se Dt, with respondent, Re L, to receive appropriate visitation rights as the court deems in the best interest of these children. Petitioner further prays this court, upon so modifying its initial decree as to paragraph eight (8), to also modify its initial decree as to paragraph nine (9) and suspend any further obligation of petitioner to make child support payment to respondent.

Respectfully Submitted,

CERTIFICATE OF SERVICE

I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and All parties not represented by counsel, in the following manner:
___ By delivering a copy to him/her;
___ By leaving a copy at his/her office with the clerk;
___ By leaving a copy at his/her office with an attorney associated with him/her;
___ By mailing a copy to him/her, as prescribed by law;
___ By faxing a copy to him/her.

NOTICE OF HEARING

The foregoing pleading will be called for hearing before the court on at 1 pm or as soon thereafter as petitioner may be heard. So noticed: _______________________________

EMail

Home

HOME ABOUT US HISTORY LAWS MOTIONS LINKS INTERNET SEARCH