The underlying issue here is a change of custody. You need to ask the court to change its custody order to reflect the agreed change of custody. Under Rule 106(b) of the Utah Rules of Civil Procedure, the general rule is that the old order stays in place while your Petition to Modify Custody is pending. However under Rule 106 b)1)B) the court can ratify the changes of the parties immediately. The court generally does give you temporary custody when the two parents have made that change on their own. However, if the mother changes her mind, and asks for the children back, it is less likely that the court would change custody until there is a trial. The reason you should file your request for custody now is that the parties are in agreement. You should consult an attorney to determine whether the children are entitled to receive a disability payment or some other support due to their mother’s disability. For further information on the custody order you need click on the blog below “Custody Order”.