(801) 254-9450 When a family court issues a child custody order, it structures the order to serve the best interests of the child or children involved. However, the custody order that serves the child’s best interests at that time may not continue to meet those criteria indefinitely. Consideration must be given to how much a child’s needs change as they grow older, and that the circumstances of their parents’ lives may change.
If you wish to modify the terms of your existing child custody order, you will need to request that change from a court formally. This process can be intimidating and may have a low likelihood of success without the support of a seasoned child custody attorney. However, with a South Jordan child custody modification lawyer from Carr | Woodall to assist you, you may be able to present a strong case when petitioning the court for a custody change—or when contesting one filed by the other parent.
The focus of the family court system is to prioritize the best interests of children in legal proceedings involving their parents. It is not possible to obtain a child custody order solely for the sake of protecting either parent’s financial or personal interests. Instead, the petitioning party must prove that the circumstances on which the original custody order was based have changed dramatically, and changing the terms of the order would significantly benefit the child’s best interests.
Examples of scenarios which a court may accept as grounds for such a change include:
Notably, remarriage or relocation of one parent is not always sufficient to justify a change of arrangement. However, a skilled attorney in South Jordan can discuss the best options for adjusting a childcare arrangement like this during a private initial consultation.
To change a child custody order, the first step is to file a Petition for Modification with the family court and formally serve a copy of the petition to the other parent. The other parent, now known as the respondent, has 21 days to respond to the petition. If they fail to do so, the court will generally issue a default judgment in favor of the petitioner.
The court system often encourages—and sometimes requires—both parties involved in the dispute to participate in alternative dispute resolution processes as part of the case process. If the issue remains unresolved, the case will proceed to a formal hearing where both parties can present evidence and testimony in support of their preferred custody order. The support of a knowledgeable South Jordan lawyer can be essential to achieving a favorable outcome in a modified guardianship case.
Child custody can be a highly contentious issue in any divorce or legal separation case. Once a court issues an order determining custody arrangements between parents, that order remains in effect permanently unless modified by a subsequent court order. If you want to change your child custody arrangement, you will need to obtain a new court order.
A South Jordan child custody modification lawyer from our team could guide you through every step of this process and work tirelessly to obtain the favorable outcome you want. Call Carr | Woodall today to learn more.