Modifying Parent-Time
Talk to an Attorney
The information on this page is not a substitute for legal advice. You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options.
See our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes.
Return to TopModifying an Order From Another State
An order from another country or 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.
Jurisdiction
The Utah court must have "jurisdiction" to modify parent-time. Jurisdiction can be very complex, especially if the controlling order was entered in a state other than Utah or the child or the parties reside in a state other than Utah. Before spending the time and money to modify child support in a Utah court, make sure that the Utah court, rather than the court of another state, has jurisdiction. For more information, see our chart outlining Jurisdiction to Modify a Custody or Parent-time Order (
PDF).
Best Interests of the Child
A parent-time order can be modified if it's in the best interests of the child to do so.
Default Judgment
A party who fails to answer or otherwise appear after being served with the petition and summons is in default and will lose. A judgment against a non-appearing party is called a default judgment. For more information and forms, see our webpage on Default Judgments.
Forms
Forms to Request that Parent-Time be Modified
- Checklist -
PDF |
Word - Civil Coversheet -
PDF |
Word
- Petition to Modify Parent-Time -
PDF |
Word
- Summons (In State) -
PDF |
Word
- Summons (Out of State) -
PDF |
Word
- Proof of Service
- Non-public Information Form - Parent Identification and Location -
PDF |
Word
(For instructions, see our webpage on Non-public Information Forms) - Non-public Information Form - Minors -
PDF |
Word
(For instructions, see our webpage on Non-public Information Forms) - Non-public Information Form - Safeguarded Address -
PDF |
Word
(For instructions, see our webpage on Non-public Information Forms) - Parenting Plan (Required if you have joint custody or any type of shared parenting arrangement. Optional in other cases.)
- Notice of URCP 26.1 requirements
- Financial Declaration (Required only if you are asking that the other party pay your attorney or court costs.)
- Stipulation to Enter Judgment (If the other party agrees with the modification) -
PDF |
Word
- Findings of Fact, Conclusions of Law and Order -
PDF |
Word
- Notice of Judgment -
PDF |
Word
Forms to Respond to Request that Parent-Time be Modified
- Checklist -
PDF |
Word
- Stipulation to Enter Judgment -
PDF |
Word
- Answer -
PDF |
Word
- Non-public Information Form - Parent Identification and Location -
PDF |
Word
(For instructions, see our webpage on Non-public Information Forms) - Non-public Information Form - Minors -
PDF |
Word
(For instructions, see our webpage on Non-public Information Forms) - Non-public Information Form - Safeguarded Address -
PDF |
Word
(For instructions, see our webpage on Non-public Information Forms) - Parenting Plan (Required if you have joint custody or any type of shared parenting arrangement. Optional in other cases.)
- Financial Declaration (Required only if you are asking that the other party pay your attorney or court costs.)
- Findings of Fact, Conclusions of Law and Order -
PDF |
Word
- Notice of Judgment -
PDF |
Word
Forms for Going to Trial
- Checklist -
PDF |
Word
- Certificate of Readiness for Trial -
PDF |
Word
- Mediation Disposition Notice (This is not a court form, but it is required. Ask your mediator to complete it and file it.)
- Proposed Settlement on Remaining Issues -
PDF |
Word
- Pretrial Order -
PDF |
Word
- Findings of Fact, Conclusions of Law and Order -
PDF |
Word
- Notice of Judgment -
PDF |
Word
Related Information
- Fees
- Fee Waiver
- Filing Procedures
- Finding an Attorney
- Free Legal Clinics
- Going to Court
- Jurisdiction to Modify a Custody or Parent-time Order (Chart) -
PDF
- Mediation
- Modifying Child Support
- Modifying Custody
- Parenting Plan
- Parent-time for Deployed Military Personnel (Utah Code 30-3-40)
- Parent-time Schedule for Children 5-18 (Utah Code 30-3-35)
- Parent-time Schedule for Children 5-18 (optional schedule) (Utah Code 30-3-35.1)
- Parent-time Schedule for Children Under 5 (Utah Code 30-3-35.5)
- Parent-time Schedule when a Parent Relocates (Utah Code 30-3-37)
- Registering a Foreign Order
- Rules of Civil Procedure
- Serving Papers
- Statutes on Jurisdiction:
- Statutes on Parent-time:
- Summons