How to Prove a Change in Circumstances for Custody Modification in Utah

How Can You Update Your Utah Custody Order if Your Circumstances Have Changed?

When creating an initial custody order, the parents, their legal representatives, and the court attempt to design a plan that not only meets the child’s current needs but can stand the test of time. However, it is nearly impossible to account for the vast variety of major life changes parents and children can experience over the years. For this reason, the law allows parents to request modifications to their custody order under certain circumstances.

In Utah, modifying a child custody order requires demonstrating a significant change in circumstances and proving that the suggested change is in the best interest of the child. The process is governed by state statutes and involves petitioning the court and providing clear evidence supporting the request. A skilled child custody attorney can help parents understand the types of changes that may necessitate an alteration in their parenting plan and assist them in navigating the often complex process of custody modification.

When Can a Parent Seek a Custody Order Modification?

To make changes to an existing custody order in Utah, the petitioner must file a “Petition to Modify” with the court that originally issued the custody order. Statutory requirements are in place to ensure that custody modifications are not made lightly or frivolously and that the child’s welfare remains the primary concern. Per Utah Code § 30-3-10.4, the court will only consider the petition if the petitioner can demonstrate two key elements: 

• A material and substantial change in circumstances for the parents or child has occurred since the original order was issued
• The proposed modification supports the best interests of the child

What Are Common Examples of Changes in Circumstances?

Some fluctuations in parents’ and children’s schedules and life circumstances are normal and anticipated. However, the key factor in determining whether a change justifies altering a custody order is whether it directly impacts the child’s well-being or the parent’s ability to fulfill their custodial responsibilities under the existing order. Minor or temporary changes are generally not considered valid reasons to approve a modification.

A material and substantial change in circumstances can encompass a wide range of situations, including:

• Relocation of one parent to a different city or state
• Remarriage of one parent, especially if the new spouse or their living situation raises concerns about the child’s well-being
• Changes in a parent’s employment or work schedule that make it challenging to adhere to the current custody schedule
• Evidence of abuse, neglect, or endangerment of the child in the custodial home
• Changes in the child’s educational, medical, or other special needs that require different care arrangements
• Mental health issues or other changes in a parent’s circumstances that affect their ability to care for the child properly
• A child reaching an age where their preferences and maturity level should be given more consideration in the custody decision
• Incarceration of one parent or a criminal conviction that raises concerns about the child’s safety
• Positive improvements in a parent’s situation, such as recovery from substance abuse or other issues that previously impacted their ability to care for the child

What Types of Evidence Can Support a Modification Petition?

To successfully prove a change in circumstances, the petitioner must provide compelling evidence to the court. Evidence can include documentation such as medical records, school reports, police reports, and witness testimonies. For instance, if the change involves a parent’s relocation, the petitioner might present evidence of the new living arrangements and how they affect the child’s routine and relationship with the other parent and close family members. If the change involves endangerment, evidence might include reports from child protective services or testimonies from teachers and neighbors who have observed the child’s situation. The goal is to present a comprehensive picture that clearly shows how the change impacts the child’s life so the court can make an informed judgment on the case.

How Can a Parent Establish That a Custody Modification Is Best for Their Child?

In addition to showing a change in circumstances, the petitioner must also demonstrate that the proposed modification is in the best interest of the child. Supporting the contention that the change will be beneficial to the child involves showing that the new custody arrangement will better support their emotional, psychological, and physical well-being. Factors the court may consider include the child’s level of happiness in their current environment, the quality of the relationship between the child and each parent, and the ability of each parent to meet the child’s needs. Evidence that supports these factors can include testimonies from child psychologists, teachers, and other professionals who have observed the child’s development and well-being.

How Can Our Law Firm Help if You Are Considering Petitioning for a Custody Order Modification?

Navigating the custody modification process can be challenging, and having the support and counsel of a knowledgeable family law attorney can be invaluable. An attorney from RCG Law Group can help gather and present the necessary evidence for your petition, ensuring that it meets the court’s high standards. We can also provide strategic advice on how to frame the petition to highlight the most compelling aspects of the case. We understand the impact your custody order has on you and your child, so we treat every case with the attention and care it deserves. We advocate fiercely on your behalf and will carefully explain and address any legal challenges that may arise during the process so you can fully understand how your case is progressing.

With proper preparation and experienced legal guidance, parents can achieve a custody arrangement that best supports their child’s well-being. To learn more about the modification process and how we can assist you, contact our South Jordan office at 385-503-3663 and schedule your free case evaluation today.