Modifying Parent-Time

Modifying 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.

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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).

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Servicemembers

In cases involving military servicemembers please see Utah Code Section 78B-20-102 et seq., Uniform Deployed Parents Custody, Parent-time, and Visitation Act.

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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.

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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.

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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

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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 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:
  • 78B-13-201
  • 78B-13-202
  • 78B-13-203
• Statutes on Parent-time:
  • Policies
  • Guidelines
  • Presumptions
  • Special Circumstances
• Summons
• Utah Uniform Deployed Parents Custody, Parent-time, and Visitation Act, Utah Code Section 78B-20-102 et seq.

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