A “final” child custody order may be signed by a court in Utah but that does not mean it cannot be changed. The law recognizes that sometimes there is a need to change an existing child custody order, whether or not it is a “final” court order. A parent’s health could change. A parent could move out-of-state or a parent may develop a substance abuse problem that could require a change in custody. Just as life can cause changes in a family, so can life create the need to change a child custody order — fortunately, the law, in some circumstances, permits change.

Circumstances That Merit a Modification

First of all, if you and your former spouse agree to deviate from your existing child custody (and parent-time) order — even on a temporary basis — it is important that that agreement be in writing.  If the agreed deviation is of a significant and permanent nature, it is best to formally request that the court modify the existing order.

A modification to the existing order may not be achieved with your former spouse’s agreement; however, a modification may still be in the best interest of the child(ren) and that modification can be requested from the court.  A substance abuse problem is a common reason to modify a child custody order; however, other circumstances could also warrant a change.  So, what does a parent have to prove in order for a court to modify a child custody order? The law outlines this in Utah Code Section 30-3-10.4: 

1) A material and substantial change of circumstance has occurred; and

2) A modification of the terms and conditions of the order would be an improvement for and in the best interest of the child.”

While a person may represent himself or herself in court, a parent seeking to modify a child custody order is well-advised to retain the services of an experienced family law attorney.

The post Can You Modify Your Child Custody Order in Utah? appeared first on The Law Office of Eric P. Paulson.

A child born to unmarried parents is not an uncommon situation. However, it can create certain legal issues such as paternity. When the parents of a child are married, there is a legal presumption of paternity. This is not the same for unmarried parents. Paternity must be established in Utah in this situation in order to create certain rights such as the right to child support. There are various scenarios for establishing paternity. In fact, there are three specific ways towards achieving this legal status in Utah.

The Three Routes Towards Paternity

Remember, just because there are three ways to establish paternity in Utah does not mean that each way is an option for you. It is best to discuss your options with a skilled family law attorney before taking any legal action.

1. VDP (“Voluntary Declaration of Paternity”): This is for when both parents agree to voluntarily sign a document acknowledging paternity. The document is filed with the Office of Vital Records and Statistics. The father’s name is placed on the birth certificate.
2. Administrative Paternity Order: If at least one parent files for child support, this will initiate a NAA (“Notice of Agency Action”) by the Office of Recovery Services. The parents can then respond to this notice to establish paternity. Again, the father’s name is then placed on the birth certificate.
3. Judicial Paternity Order: This is an order issued by the court usually when an order of custody and parent-time is sought in addition to an order establishing paternity. Either parent may request this type of order.

Questions that you have about paternity in addition to questions about custody, child support, parent-time and parenting plans can be answered by a knowledgeable family law attorney.