A custody order or divorce decree may include terms regarding child custody, parent-time (visitation), child support, and alimony (spousal support). It’s important that you, as a parent, follow the orders of the court. Your willingness to follow the court orders may affect your rights to your children. Sometimes parents will find that their ethical obligation to protect their children comes into conflict with their legal duties under the court order. It’s important to consult with an attorney in these situations to ensure you do not proceed in a way that will ultimately harm your case if you need to return to court for a modification.
As children age and as life circumstances change, it is often necessary to make changes to the original custody or support order. This is referred to as a modification. If you want to modify an existing order or need to defend yourself against a proposed modification, Pearson Butler can help. Our experienced family law attorneys are seasoned in litigating these matters and can help you develop a strategy to pursue your case goals. Don’t pursue a modification alone; Pearson Butler attorneys understand your case and can help you each step of the way.
To learn more, call (800) 265-2314. During your confidential consultation, you can find out more about your option in pursuing or defending against a modification.
Grounds to Modify a Child Custody Order or Support Order in Utah
Custody or parent-time order may be modified if the following criteria are met:
- There have been “substantial material changes in circumstances”; and
- The modification would be in the best interests of the child or children involved.
Parental relocation, remarriage, changes in the child’s needs, or a significant change in the family schedule are examples of circumstances that may provide valid grounds to modify a child custody order. In some cases, parents may be required to undergo alternative dispute resolution (ADR) such as mediation prior to petitioning for a modification of an existing court order or decree. For a modification to be approved, a party must prove that the requested changes are in the child’s best interests.
Child support may be reviewed for modification the last support order was entered more than three years ago or if there has been a change in custody or significant change in the income of a parent.
By reviewing your case and understanding the circumstances leading to your custody order, the skilled attorneys at Pearson Butler can help you take the appropriate steps to pursue or defend against a custody or support modification. For more information, call (800) 265-2314.