Child custody orders are not frozen forever. Your child grows. Your life shifts. A plan that once worked can start to cause stress and confusion. In Utah, you can ask the court to change custody when real changes affect your child. This guide explains when you can seek a new order, what proof you need, and how the court looks at your request. It also explains how to file a petition to modify Utah custody orders, how long it can take, and what to expect at each step. You will see what judges look for, how to protect your child during the process, and how to avoid common mistakes that cause delay. By the end, you will know what action to take, what papers to prepare, and how to speak for your child in a clear and steady way.
When you can ask to change custody
Utah courts do not change custody for small problems. You must show a real and lasting change since the last order. The court calls this a substantial change in circumstances. You also must show that the change you ask for helps your child.
Common reasons include:
- One parent moves far away and the schedule no longer works
- Your child’s needs change because of school, health, or age
- One parent starts to ignore the order or blocks visits
- Serious problems with drugs, violence, or crime
- Ongoing conflict that harms your child
You do not need to be perfect. You only need to show that the current order now hurts your child or no longer fits real life.
Legal vs physical custody changes
Custody has two parts. You can ask to change one part or both parts.
- Legal custody. Who makes key choices about school, health care, and faith.
- Physical custody. Where your child lives and how many nights your child spends with each parent.
You might:
- Keep joint legal custody but change the weekly schedule
- Ask for more nights due to a move or job change
- Ask for sole legal custody if the other parent will not share choices
The court will look at both parts and will focus on what keeps your child safe and steady.
Steps to file a custody modification in Utah
You follow set steps when you ask the court to change custody. Utah’s courts give forms and clear rules on the Utah Courts Self-Help page.
- Review your current order. Read every page. Mark parts that no longer work.
- Gather proof. Collect school records, messages, police reports, medical notes, and a log of missed visits.
- Fill out the forms. Use the petition to modify forms. State the changes you want in clear short sentences.
- File with the court. Turn in the forms to the district court that issued your order. Pay the filing fee or ask for a fee waiver if you cannot pay.
- Serve the other parent. Have a sheriff, constable, or process server give the papers to the other parent. You cannot serve the papers yourself.
- Wait for a response. The other parent can agree, partly agree, or fight the change.
- Attend hearings and mediation. The court may order mediation and will set hearings if you do not agree.
What Utah judges look for
Utah law sets clear factors for the best interest of the child. You can read them in Utah Code on the Utah State Legislature website. You should shape your proof around these factors.
Judges look at:
- Your child’s bond with each parent
- Each parent’s caregiving history
- Stability of each home and school
- Each parent’s mental and physical health
- History of abuse, neglect, or crime
- Ability to support your child’s bond with the other parent
- Your child’s wishes if your child is mature enough
The judge will not change custody to reward or punish a parent. The focus stays on your child’s safety, growth, and calm.
Common proof that helps your case
You support your request with clear proof. Words alone usually are not enough. Useful proof includes:
- School report cards and notes from teachers
- Medical or counseling summaries that show changes in your child
- Police reports or protective orders
- Messages, emails, or texts about missed visits or fights over the schedule
- Work schedules and pay stubs that show your ability to care for your child
- A written log of visits, pick ups, and problems
Use dates, facts, and clear examples. Avoid long stories. Judges read many cases and need sharp points.
Comparison of original and modified orders
This simple table shows how a change in life can lead to a request for a new order.
| Topic | Original Order | Life Change | Requested New Order
|
|---|---|---|---|
| Physical custody | Child lives with Parent A. Parent B has every other weekend. | Parent B moves closer. Parent B now has steady daytime work. | Joint physical custody. Add one school night visit each week. |
| Legal custody | Joint legal custody for school and health choices. | Parent A blocks school and health information. | Sole legal custody for Parent B for school and health. |
| Holiday schedule | Holidays follow a basic rotation. | New job requires Parent A to work many holidays. | Swap certain holidays. Add extra summer time for Parent A. |
How long the process can take
Every case moves at a different pace. The time depends on:
- How complex your facts are
- How quickly you serve the other parent
- Whether you agree in mediation
- Court calendars and judge schedules
If you both agree, the court may sign a new order within a few months. If you fight over many issues and go to trial, it can take a year or more. You can ease delay by turning in forms on time and keeping your proof organized.
Temporary orders during the case
You might need a short term change while the case is open. You can ask the court for temporary orders. These orders can set a new schedule, limit contact, or address safety issues. The judge will hold a hearing and decide what should happen until the final ruling.
If you fear harm to your child, you can also ask about protective orders or other safety steps. Document every concern. Bring proof to the hearing.
How to protect your child during the process
Custody fights can strain children. You can reduce harm by:
- Keeping your child out of adult disputes
- Avoiding negative talk about the other parent
- Keeping a steady daily routine
- Letting your child share feelings with a trusted adult or counselor
Use court and legal channels to express anger or fear. Do not use your child as a messenger or spy. Your child needs to feel safe with both parents.
When to seek legal help
You can use Utah’s self help tools. Yet you may need a lawyer if your case involves abuse, relocation, or complex proof. At minimum, consider a short consult to review your forms and your proof.
Stay focused on your child’s needs. Use clear facts. Follow the rules. With patience and steady effort, you can ask the court for a custody order that fits your child’s life today.