Modifying Parent-Time

Introduction

This page includes information and forms for modifying parent-time in an existing divorce, custody or parentage order. If your order is from another state or the child or parents live outside of Utah, see the Out of State Issues section below.

The forms on this page are only about modifying parent-time. You might need to modify other aspects of your final order. If you need to modify:

• child custody, see the modifying child custody web page
• child support, see the modifying child support web page

If you need to modify your divorce decree for something not related to children, see our page on Modification of a Divorce Decree.

 

The modification process

The court can modify parent-time when there has been a change in circumstances since the last court order about parent-time was made. 

Complete the documents

Either party can request a modification. The party asking for the modification files the forms in the Forms section below.

No matter who is asking for the modification, whoever was the petitioner in the original case is still the petitioner, and whoever was the respondent in the original case is still the respondent.

Domestic Relations Injunction

When a petition to modify is filed, the court will automatically issue an order called a Domestic Relations Injunction. The injunction is a court order requiring parties not to harass one another, change insurance or beneficiary coverage, transfer property or make non-routine travel with the parties' minor children while the case is pending. There are additional prohibitions in the injunction. Be sure to read it carefully.

The injunction is effective for the petitioner when the case is filed. The injunction is effective for the respondent when the petitioner gets a copy to them. See the Domestic Relations Injunction web page for more information.

File the documents

The party asking for the modification must file the documents in the same court that issued the decree. The documents will use the same case number as the decree. For information about how to file documents, see the Filing Procedures web page.

The party asking for the modification must pay a filing fee when they file the papers with the court. If they cannot afford the fees they can ask the judge to waive them. For more information, see the Fees and Fee Waiver web page.

Have the documents served

The party asking for the modification must have the other party served with the petition to modify, summons, and other documents no later than 120 days after the petition is filed. The documents must be served by one of the methods described in Utah Rule of Civil Procedure 4(d). The party asking for the modification must provide proof of service once service has been completed. For more information about service, see the Serving Papers web page.

The other party's options

The other party has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to ("answer") the petition to modify if they disagree with anything stated in the petition. For more information, see the Answering a Complaint or Petition web page.

 

 

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.

 

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.

 

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 parent-time. Utah might not have jurisdiction if:

• the child or the parents reside in a state other than Utah, or
• the controlling child parent-time order was entered in a state other than Utah.

Before spending the time and money to modify parent-time 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 parent-time 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.

 

Forms

Forms to Petition that Parent-time be Modified

Required forms

• 1158.5XX
  
• 1917FA
• Summons
  • 1015FA
  • 1016FA
• Proof of Service
• Non-public Information
  • 1051GE
  • 1052GE
    (See the Non-public Information web page for more information)
• 1905FA
  (See our Initial Disclosures page for more information)
• 1916FA
• 1142FA
• 1354FA

Optional forms

• 1053GE
  (If a person needs to protect their contact information from the other party)
• 1134FA
  (If the original order is from outside of Utah)

Forms to Oppose a Petition to Modify Parent-time

Required forms

• 1008FA
• Non-public Information (See Non-public Information web page for more information)
  • 1051GE
  • 1052GE
    (Required if other party has not provided the information)

Optional forms

• 1053GE
  (If a person needs to protect their contact information from the other party)

Asking for Default Judgment

See the Default Judgment web page for information and forms.

Going to Trial

See the Getting Ready for Trial web page for information and forms.