Modifying a Custody Order: When and How It’s Possible 

modifying a custody order Utah
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Can you modify a custody order in Utah?  

Sometimes life changes, and a custody order that once worked well may no longer fit your family’s needs. In Utah, custody orders are not set in stone. Modifications are possible, but they require specific circumstances and legal steps to ensure the best interests of the child are prioritized. 

When can a custody order be modified in Utah?  

A custody order can be modified under the following conditions:  

  1. Material and Substantial Changes in Circumstances  
    • Examples can include a parent relocating out of state, a change in the child’s needs (education, health, etc.), evidence of abuse, neglect or endangerment, or a parent’s inability to adhere to the custody agreement.  
  1. Time Since the Last Order 
    • Modifications are more likely to be successful when they come at least a few years after the last permanent order. 
    1. Best Interests of the Child  
      • Utah courts will always evaluate whether the proposed changes align with the child’s best interests, focusing on their safety, stability, and overall well-being. 

      How to Modify a Custody Order  

      If you believe that a custody modification is necessary, here are the steps to follow:  

      1. Consult an attorney  
      1. File a petition to modify  
      1. Provide evidence for modification  
      1. Mediation  
      1. Court hearing  

      Some cases may require a more complex process for modification. Consult an attorney to understand the possibilities of your case.  

      Frequently Asked Questions About Custody Modifications  

      Can I Modify Custody Without the Other Parent’s Consent?

      • Yes, but you’ll need to prove to the court why the modification is necessary and in the child’s best interests. 

        How Long Does the Process Take?

        • The timeline varies depending on the complexity of the case and whether mediation resolves the issue. It can take a few months to over a year. 

          What If the Other Parent Violates the Current Custody Order?

          • If the other parent consistently violates the custody order, this may serve as grounds for modification. Document these violations and consult an attorney. 

            Contact Christensen Law Today  

            Contact Christensen Law for a consultation and take the first step toward a better future for your family.  

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