When it comes to child custody arrangements in Utah, the court always prioritizes the best interest of the child involved. However, circumstances in life can change over time, making it necessary to modify an existing child custody arrangement. Luckily, Utah law provides an opportunity for parents to petition for a child custody modification if they can demonstrate a significant change in circumstances. Now, let’s dive into the process of changing a child custody arrangement in Utah, step by step.
Step 1: Filing a Motion to Modify Custody
The initial step towards changing a child custody arrangement in Utah is to file a motion to modify custody. This motion is essentially a written request sent to the court, asking for a change in the existing custody order. Remember, this motion should be filed in the court that issued the original custody order.
Step 2: Substantiating a Significant Change in Circumstances
To successfully modify a child custody order, you need to substantiate a significant change in circumstances. This change should be material or substantial and must not have been present at the time of the original custody order. Various examples of significant changes include a parent’s remarriage or cohabitation with a new partner, a parent’s inability to provide for the child’s needs, a parent’s relocation to another state or country, a parent’s substance abuse or criminal activity, and even changes in the child’s maturity, preference, or health condition.
Step 3: Attending Mediation
As per Utah law, parents must attend mediation before their case can be heard by the court. Mediation is a process designed to help parents resolve their differences by engaging in negotiations to reach an agreement concerning the new child custody arrangement. Mediation offers several advantages, including time and cost-saving benefits, as well as giving parents more control over the outcome of their case.
Step 4: Participating in a Custody Hearing
In the event that you and the other parent cannot reach an agreement during mediation, the court will schedule a custody hearing. During this hearing, both parents will have the opportunity to present evidence that supports their request for a change in custody. The court will meticulously evaluate several factors, such as the child’s best interests, before making a final decision.
Step 5: Adhering to Court Orders
Once the court issues a new child custody arrangement, it is crucial for both parents to strictly adhere to the court’s orders. Failure to comply with these orders can lead to penalties, including fines and even imprisonment. It is vitally important to remember that the court’s ultimate aim is to safeguard the child’s best interests. Therefore, parents should prioritize the child’s welfare above their own interests, as directed by the court.
Conclusion
Changing a child custody arrangement in Utah may appear to be an overwhelming task. However, with a significant change in circumstances and the completion of several essential steps, it is indeed possible. Remember, you must file a motion to modify custody, substantiate a significant change, attend mediation, and participate in a custody hearing. Once the court has issued a new child custody arrangement, it is absolutely imperative for both parents to fully comply with the court’s orders. If you require assistance in modifying your child custody arrangement, it is highly recommended to seek the guidance of an attorney who specializes in family law.