Question About Filing For Full Custody
I have moved back to Utah and the ex and I share 50/50. I haven’t asked for full custody but he has and I want to ask for full custody since we will both go to trial. What kind of motion do I file?
If you are asking to modify an existing custody order, you need to file a Petition to Modify. This requires you to allege that there is a substantial change in circumstances. These circumstances have to affect the current custodial relationship of the child. If he has already filed such a petition, you can answer his petition and file a counter-petition to modify in the same document as your answer.
If your ex-husband does not live in Utah and you have moved more than 150 miles away from him, you can file a motion to adjust parent time under Utah Code Annotated Section 30-3-37. In that motion, the court has the discretion to change custody as well. You should review our blog on child custody orders at http://localhost:7000/12-essential-provisions-c… to make sure your petition covers all of the points that you want to modify.