Can You Modify a Custody Order in Utah? Here's What You Need to Know
Short answer: Yes. A Utah court can modify custody if there has been a substantial and material change in circumstances since the order and the change serves the child’s best interests. Utah Code § 81-9-208(1)(a). Parent-time has a lower bar: any change in circumstances since the order. § 81-9-208(1)(b).
Life rarely stays the same after a divorce or custody ruling. Jobs change, kids grow up, and parenting schedules sometimes stop working. If you're wondering whether you can modify a custody or parent-time order in Utah, the answer is yes: but only under specific conditions.
Here’s what you need to know before seeking a custody modification.
What Is a Custody or Parent-Time Modification?
A modification is a formal change to an existing court order. In Utah, custody and parent-time orders can be modified when there has been a material and substantial change in circumstances that affects the child’s best interests.
Examples of such changes include:
One parent moving far away
A change in the child’s needs (medical, emotional, educational)
A change in the parent’s ability to care for the child
Ongoing conflict, lack of cooperation, or failure to follow the current order
The court will not consider issues that existed when the original custody order was entered. Only new circumstances that have arisen since then can support a modification.
What Do Utah Courts Look For?
To modify custody, you must meet two key legal requirements:
A material and substantial change in circumstances, and
Proof that the proposed change is in the child’s best interest
Utah courts apply the same best-interest factors used in the original custody decision, listed in Utah Code § 81-9-204. These include the child’s relationship with each parent, the parents’ ability to co-parent, and the emotional, physical, and developmental needs of the child.
The standard is lower for parent-time. A court can modify parent-time on a showing of any change in circumstances since the order, without the substantial-and-material threshold that applies to custody. Utah Code § 81-9-208(1).
A 2026 amendment adds a built-in trigger for younger children. For custody or parent-time orders entered on or after May 6, 2026, a child turning five counts as a change in circumstances unless the order already addresses custody or parent-time at that age. Utah Code § 81-9-208(3).
When Can You File a Petition to Modify Custody?
You can file a petition to modify at any time after a final order is entered, but you must be able to show that something meaningful has changed. If your petition doesn't clearly show a material and substantial change, the court can deny it.
You should also be prepared with supporting documentation such as:
Parenting schedules
School or medical records
Communications between parents
Evidence of relocation, job changes, or instability
Mediation and Court Hearings
Utah courts usually require mediation before a contested custody modification hearing, unless waived. If no agreement is reached, a hearing will be scheduled, and both sides can present evidence and testimony.
For more, see Child Custody in Utah: Best Interest Factors and Custody Evaluations in Utah.
Frequently Asked Questions
What counts as a substantial change in circumstances?
Something new since the order that affects the child, such as a parent relocating, a change in the child’s needs, a change in a parent’s ability to care for the child, or persistent failure to follow the order. By statute, a parent living with or giving the child access to a person required to register for an offense against a child also qualifies. Utah Code § 81-9-208(2).
Is the standard different for parent-time?
Yes. Custody requires a substantial and material change in circumstances. Parent-time requires only a change in circumstances since the order. Utah Code § 81-9-208(1).
Can my child choose which parent to live with?
Not on their own. The court may consider a child’s wishes, and the wishes of a child 14 or older receive added weight, but they do not control the outcome. Utah Code § 81-9-204(5)(b).
Do we have to mediate first?
Usually. Utah courts generally require mediation before a contested modification hearing unless it is waived.
How Jeremy Miller Can Help
Jeremy Miller represents parents across Utah County and Salt Lake County in custody modification cases. He helps clients assess whether their situation qualifies for a modification, prepares clear petitions, gathers supporting evidence, and advocates in both mediation and court.
Whether you are trying to change an outdated schedule or respond to a petition filed by your co-parent, Mr. Miller offers experienced, strategic guidance focused on what’s best for your child.
Need Help Modifying a Custody or Parent-Time Order?
If you're unsure whether your situation qualifies for a custody modification, Jeremy Miller can help you review your case, prepare your petition, and protect your rights.