Modifying Child Custody Based on Changes
We received many calls each week from potential clients in the Ogden and Northern Utah areas. This article is written to help you understand under what circumstances you may be able to modify your current child custody order to gain more time with your children. the standard for modifying any provision of your divorce decree or custody order is the same; there must be substantial and material changes in your circumstances, not contemplated in the decree or other order, which justify the modification. What this means is that something significant must have occurred or changed since the order was put in place.
Many clients come to us wishing to modify their custody award because since the custody order was entered, they have had more time with their children. Often another parent will in reality give the other more time with the kids and the parent wishes to then modify custody in their favor to reflect the reality of their situation. However, under current Utah case law, the fact that another parent has been spending more time with the children than ordered does not represent a substantial or material change in circumstances. The reasoning behind this is the fact that such a rule would give parents the incentive not to work with each other and provide each other with additional parent time. While this is one example of does not qualify for custody modification, the fact is that many circumstances do justify a change in circumstances. Whenever a parent is involved in criminal conduct or other conduct that places the children in harms risk, the other parent is usually justified in bringing a modification petition.
Ogden Divorce Modification Lawyers
If you are thinking about modifying your custody order, we can help. Contact us today by phone or email to get started on your case now. We have helped numerous individuals get more time with their kids. In some cases we have successfully modified custody so that our clients become the sole custodial parent. Call 801.475.0991 today for more information to schedule a free consultation with one of our Ogden divorce modification lawyers.