Stipulation
A "stipulation" is a written agreement that shows the parties agree about everything requested in the Petition to Modify.
The parties can agree on everything in the Petition to Modify before it is filed. In that case, they can file a stipulated petition.
If you are using the forms provided on this web page:
- Check the "and Stipulation" box on the first page of the Petition.
- Both parties must sign the Petition.
- The party asking for the modification signs on the second-to-last page, and
- the other party signs the last page, in the "Stipulation" section.
The parties might come to an agreement after the Petition is filed because the parties mediated or had some other negotiation.
If you are using the forms provided on this web page:
- Fill out a new Petition to Modify. Write "Amended" above "Petition to Modify" on the first page and check the "and Stipulation" box.
- Both parties must sign the Petition.
- The party asking for the modification signs on the second-to-last page, and
- the other party signs the last page, in the "Stipulation" section.
Issues when modifying custody
A modification case can address issues of paternity, child custody, child support and parent-time. For more information, see these web pages:
- Child Custody and Parent-time - information about the types of custody, parenting plans and parent relocation.
- Child Support - information about calculating child support, medical expenses, tax exemptions and collecting support. OCAP will calculate child support based on the child custody arrangement and the income of each parent.
- Parenting Plans - information about plans for parents to work together to raise their children.
- Paternity- information about who is the father of the child
Temporary order
Either party can ask for a temporary order if needed during the modification case if the requirements in Utah Rule of Civil Procedure 106 are met. If the party filing a motion for a temporary order asks for a change in custody or parent-time they must show that the motion seeks to prevent an immediate and irreparable harm or seeks to confirm changes already made by the parties.
They must also show that the temporary order will serve the best interests of the children. For more information and forms, see the How to get a Temporary Order web page.
Alternative Dispute Resolution (ADR) Before Petitioning to Modify
If you have an order of joint legal custody or joint physical custody then most likely your order contains provisions that tell you what type of dispute resolution you and the other parent must try to use before you can petition the court to modify your custody order. For example, your order or your parenting plan may state that the parents must use a professional mediator to try to resolve a parenting or custody dispute before going to court. Use the dispute resolution process described in your order.
You may also want to try to resolve any disputes on your own. For more information, see our webpage on Alternative Dispute Resolution. If you are able to resolve your disputes, then you can change your existing order by filing a petition to modify and the other required forms and a stipulation to enter judgment. The forms are in the section on Forms.
Material and Substantial Changes
If you and the other parent do not stipulate to the modification, the court must do two things: First, it must determine whether there has been a material and substantial change in circumstances since the controlling order was entered. Second, the court must determine whether modifying custody would be an improvement for and in the best interests of the child. If the case is contested, the parties will have to present evidence of both.
Examples of material and substantial changes after the controlling custody order may include that the parents have remarried, the parents have moved to new communities, or that the child needs to change schools.
A material and substantial change can include a parent living with a person or giving a person access to the child, when the parent knows that person has been convicted of certain serious crimes (like child abuse or sexual offenses against a child).
Utah Code 81-9-208
Servicemembers and deployment
Where one or both parents is a uniformed service member either parent can ask for temporary orders due to deployment. See the Motion for Temporary Order Due to Deployment web page for more information.
Out of State Issues
Jurisdiction
A Utah court must have jurisdiction (power) to modify custody. Utah might not have jurisdiction if:
- the child or the parents reside in a state other than Utah, or
- the controlling child custody order was entered in a state other than Utah.
Before spending the time and money to modify custody in a Utah court, make sure that Utah has jurisdiction. See the Jurisdiction to Modify a Custody or Parent-Time Order guide for more information.
Foreign Order
An order from another country or another state is called a "foreign order." A Utah court can modify a custody order from another state if it has jurisdiction. First, the foreign order must be registered and confirmed as a judgment of Utah. See the Registering a Foreign Child Custody or Child Support Order web page for more information and forms.
After a Utah court modifies a foreign order, the party filing the Petition or Motion to Modify must notify the court of the state that entered the order and every court in which the order has been registered.
Modifying a Child Custody Order From Another State
An order from another state is called a foreign order. The first of several conditions that must be met for a Utah court to modify a foreign order is that the foreign order must be registered and confirmed as a judgment of Utah. For more information, see our webpage on Registering a Foreign Order.
Forms
