Can You Modify a Custody Order in Utah? Here's What You Need to Know
Life rarely stays the same after a divorce or custody ruling. Jobs change, kids grow up, and parenting schedules sometimes stop working. If you're wondering whether you can modify a custody or parent-time order in Utah, the answer is yes: but only under specific conditions.
Here’s what you need to know before seeking a custody modification.
What Is a Custody or Parent-Time Modification?
A modification is a formal change to an existing court order. In Utah, custody and parent-time orders can be modified when there has been a material and substantial change in circumstances that affects the child’s best interests.
Examples of such changes include:
One parent moving far away
A change in the child’s needs (medical, emotional, educational)
A change in the parent’s ability to care for the child
Ongoing conflict, lack of cooperation, or failure to follow the current order
The court will not consider issues that existed when the original custody order was entered. Only new circumstances that have arisen since then can support a modification.
What Do Utah Courts Look For?
To modify custody, you must meet two key legal requirements:
A material and substantial change in circumstances, and
Proof that the proposed change is in the child’s best interest
Utah courts use many of the same “best interest” factors found in the original custody evaluation. These include the child’s relationship with each parent, the parents’ ability to co-parent, and the emotional, physical, and developmental needs of the child.
When Can You File a Petition to Modify Custody?
You can file a petition to modify at any time after a final order is entered, but you must be able to show that something meaningful has changed. If your petition doesn't clearly show a material and substantial change, the court can deny it.
You should also be prepared with supporting documentation such as:
Parenting schedules
School or medical records
Communications between parents
Evidence of relocation, job changes, or instability
Mediation and Court Hearings
Utah courts usually require mediation before a contested custody modification hearing, unless waived. If no agreement is reached, a hearing will be scheduled, and both sides can present evidence and testimony.
How Jeremy Miller Can Help
Jeremy Miller represents parents across Utah County and Salt Lake County in custody modification cases. He helps clients assess whether their situation qualifies for a modification, prepares clear petitions, gathers supporting evidence, and advocates in both mediation and court.
Whether you are trying to change an outdated schedule or respond to a petition filed by your co-parent, Mr. Miller offers experienced, strategic guidance focused on what’s best for your child.
Need Help Modifying a Custody or Parent-Time Order?
If you're unsure whether your situation qualifies for a custody modification, Jeremy Miller can help you review your case, prepare your petition, and protect your rights.