If you have an existing court order that sets forth the terms of your custody arrangement and you want to change that custody arrangement, you can do so by filing what is called a “Petition to Modify” with the proper court.
Under current Utah law, in order for the court to grant you the change of custody that you are seeking, you must prove that: (1) a material and substantial change of circumstances has occurred since the last order was entered, and (2) that a change in custody is in the best interest of your child(ren).
A material and substantial change in circumstances must have seriously affected the parenting ability or the functioning of the relationship between the custodial parent and non-custodial parent, and the change in circumstances could not have been foreseen or anticipated at the time of the last custody order. Getting remarried and moving a reasonable or short distance away are not material or substantial changes. Also, a child expressing that they want a change or no longer want to visit one parent is also not a change in circumstance, although sometimes the underlying reasons for that could be.
One circumstance that may trigger a petition to modify is the out-of-state relocation of either parent. By statute, a parent who wishes to move must give the non-moving parent 60 days’ notice. If the parents can’t agree on how to manage parent time and transportation in light of the proposed move, the Court will decide. A court might find that the move is not in the best interest of the child, and may order a change in custody as a result. In making this decision, the courts consider various factors, including the reason for the parent’s relocation, the additional costs or difficulty for both parents to exercise parent-time, the financial resources of both parents, how the move would affect the child(ren), etc.
In some cases, the parties might involve the help of a Child Custody Evaluator. A Custody Evaluator must be either a licensed clinical social worker with a master’s degree, a psychologist, psychiatrist, or a licensed marriage and family therapist at the master’s level.
If you know or are trying to determine whether your circumstances meet the qualifications to modify your controlling custody order, reach out to Team Jess today to schedule a time to discuss!