How To File For Full Custody

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?

Answer

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.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

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