Introduction
Custody of children is one of the most sensitive and complicated matters that arise in family law. In Utah, custody determinations are made based on the best interests of the child. However, circumstances may change over time, making it necessary to modify a custody order.
When Can Custody Be Modified In Utah?
Under Utah law, custody orders can be modified if there has been a material and substantial change in circumstances since the original order was entered. This change must be significant enough to warrant a modification in the child’s best interests.
Some examples of material and substantial changes include:
- Relocation of a parent
- Change in work schedule or job location
- Physical or mental health issues of a parent or child
- Domestic violence or child abuse
- Change in the child’s needs or preferences
- Parental alienation or interference with the other parent’s relationship with the child
How To Modify Custody In Utah
To modify custody in Utah, a parent must file a petition with the court and provide evidence to support the requested modification. The other parent will have the opportunity to respond and present evidence at a hearing.
Utah courts will consider a wide range of factors when determining whether a modification is in the best interests of the child, including:
- The child’s emotional ties to each parent
- The ability of each parent to provide for the child’s physical, emotional, and developmental needs
- The child’s adjustment to the home, school, and community
- The stability of each parent’s home environment
- The willingness and ability of each parent to facilitate a relationship between the child and the other parent
- The child’s preferences, if the child is of sufficient age and maturity to express a preference
Conclusion
Modifying custody in Utah is a complex process that requires a careful analysis of the child’s best interests. If you believe a custody modification may be necessary in your case, consult with an experienced family law attorney who can help you understand your options and guide you through the legal process.