Family Court Matters: Reviewing Modification Orders on Custody

Child Custody Laws in UtahChild custody award, much like awards of alimony and orders for child support, is not permanent. Depending on the current state and surrounding circumstances, the court may modify this.

When you think of modification, it does not simply involve the mere adjustment of terms, since these cannot be compromised. It involves the changes in the actual rights for the custody of the child, as well as relevant visitation rights.

It starts with a motion

There can be no modification without an initiating action. This may come in the form of a petition or motion by the opposing party or a social worker, or by the action of the court itself. While the matter involves purely parental or family issues, a concerned citizen may also file the motion, which the court will then review.

The Status Quo

The court will closely examine the current state of the parents and their children. During this time, you will benefit from the advice of a family attorney. The attorney will brief you on the material elements to consider, such as the capacity of the parents to provide, the requirements of the child, as well as other details under scrutiny.

The Trap of Delays

One concerning factor is the trap of delays that an opposing party may initiate. They may delay the proceedings in the form of manifestations or motions for clarifications, as well as motions for supplemental statements and other similar modes of discovery. What you can do is to work with a family attorney in St. George, Utah to help object to these motions for being frivolous and causing delays.

At the end of the day, the most important consideration is the welfare of the child. Show that you only have the best interests of the child in mind.

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