Sometimes, after parties receive a final Decree of divorce (or parentage), one or perhaps both parties later wish to amend the Decree based on a change in circumstances with the parties or their children. At Daniel W. McKay & Associates, we assist our clients with this type of proceeding regularly.<\/p>\n
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A party may receive an amendment to a final Decree by filing a \u201cPetition to Modify\u201d. \u00a0There are differing legal standards that determine whether the Petition will be granted.\u00a0 For example, there is a particular legal standard associated with modifying a custody order, which differs from the legal standard required to modify a parent-time order.<\/p>\n
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To merely modify a parent-time order (regarding the number of visits or overnights a parent is granted per year, or particulars about the visitation schedule, etc.), a party must allege and show that there is at least \u201csome\u201d change in circumstances. See for e.g. Miller v. Miller<\/em>, 2020 UT App 171, \u00b618 (Utah App. 2020) (internal citations omitted).<\/p>\n <\/p>\n But to modify a custody order (i.e., to change one parent\u2019s status from non-custodial to custodial, or to change a sole custody arrangement to joint custody, etc.), the party seeking the custody modification has a higher burden, as they must show that there is a \u201csubstantial and material\u201d change in circumstances. Id.<\/em> at \u00b618.<\/p>\n The Utah Supreme Court has stated that in order for a petition to modify to be allowed to proceed, i.e., to allow the petitioning party to have their day in court and attempt to prove that their allegations are true, \u201cthe allegations [in the Petition] must demonstrate \u2018that admissible evidence will show that the circumstances of the child or one or both parents or joint legal or physical custodians have materially and substantially changed since the entry of the order\u2026\u2019\u201d\u00a0 Id. <\/em>at \u00b6 31 (citing Utah Code Ann. \u00a7 30-3-10.4(1)(a))<\/em>.<\/p>\n <\/p>\n However, if the claimed change in circumstances is not related to \u201c[i] the parenting skills or [ii] custodial relationship or [iii] the circumstances on which the custodial arrangement was based,\u201d then a court when asked, has the ability to dismiss the petition to modify custody and prevent it from proceeding further through the litigation process.\u00a0 Id. <\/em>at \u00b635.<\/p>\n <\/p>\n If you have questions about a modification to your Utah custody or parent-time order that you are seeking (or that has been filed by another party), but you are uncertain whether the appropriate legal standards to support modification are present, it is always best to consult with an experienced, knowledgeable Utah attorney<\/a>.\u00a0\u00a0Call Daniel W. McKay & Associates, PLLC<\/a> today to speak to an attorney with such expertise, experience, and skill.<\/p>\n","protected":false},"excerpt":{"rendered":" Sometimes, after parties receive a final Decree of divorce (or parentage), one or perhaps both parties later wish to amend the Decree based on a change in circumstances with the parties or their children. At Daniel W. McKay & Associates, we assist our clients with this type of proceeding regularly. A party may receive…<\/p>\n","protected":false},"author":1,"featured_media":6254,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[21,119,120,121,122],"yoast_head":"\n