How to modify child custody and parent-time in Utah

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Utah Code Title 81, Chapter 9, Part 2 (sections 81-9-204, 81-9-208 and 81-9-209), as published by the Utah Legislature on le.utah.gov, and on the Utah courts’ form 1145FA. Utah’s statutes say “parent-time” for time with the child. Read what we could not confirm below.

Utah divorce kit Child custody in Utah Modifying child support and spousal support in Utah After your divorce: changing a support or custody order

The short version

Utah uses two different thresholds. To change custody, the court needs “a substantial and material change in circumstances” since the order. To change parent-time only, the statute asks for less: it says there is “a change in circumstances” since the order. In both cases the court decides by the child’s best interests, by a preponderance of the evidence. Joint custody orders carry extra steps and findings. For changing child support or spousal support instead, see modifying child support and spousal support in Utah.

What you must show, Utah Code 81-9-208

Custody. The court has continuing jurisdiction to modify custody “if there is a showing of a substantial and material change in circumstances” since the order was entered.
Parent-time. The court may modify parent-time on a showing that “there is a change in circumstances” since the order. The statute does not use the words substantial or material for parent-time.
Named examples. A parent can show a substantial and material change by showing that the other parent lives with, or gives access to the child to, a person the parent knows is a registered sex, kidnap or child abuse offender, or has certain child-related convictions listed in the statute.
Child turning five. For custody and parent-time orders entered on or after 6 May 2026, a child “turning five years old” counts as a change in circumstances (substantial and material for custody) unless the order already addresses what happens at that age.
Check your order’s date. Section 208 exists in three versions, current now and replaced on 1 January 2027 and 5 May 2027. We compared the first two and found only formatting and a cross-reference number differing; we did not compare the 2027 text with the later one.

Joint legal or physical custody orders

Verified petition. To modify or end a joint custody order, the verified petition or an accompanying affidavit must first allege that admissible evidence will show a substantial and material change since the order.
Improvement. The court must also find the change would be “an improvement for and in the best interest of the minor child”.
Dispute resolution first. Both parents must have complied in good faith with any dispute resolution procedure in the order. If the order has none, the court orders the parents to take part in one unless they certify they already used one in good faith.
Weight for stability. The court gives “substantial weight to the existing joint legal custody or joint physical custody order” when the child is “thriving, happy, and well-adjusted”, and must consider alternatives that keep the existing order.
Written findings. An order that modifies or ends joint custody must contain written findings on both the change and the improvement.
Moving from sole to shared. A parent asking to change from sole custody to joint or shared custody must file and serve a proposed parenting plan with the petition.

What the court weighs, Utah Code 81-9-204

Standard of proof. The court decides whether a custody or parent-time order serves the child’s best interests “by a preponderance of the evidence”.
Must consider. For each parent: domestic violence, physical abuse or sexual abuse involving the child, the parent or a household member; whether the parent intentionally exposed the child to pornography or harmful material; and whether custody and parent-time would endanger the child’s health or physical or psychological safety.
May consider. Among many items: coercive control, psychological maltreatment, meeting the child’s developmental needs, co-parenting skills including willingness to allow frequent contact, who has been the primary caretaker, past arrangements in which the child was well adjusted, keeping siblings together, and the child’s stated wishes.
The child’s wishes. The court may take the child’s desires into account but “the expressed desires are not controlling”. A child 14 or older gets added weight, but it is not the single controlling factor.
Disability. A court may not discriminate against a parent because of a disability in awarding custody or deciding whether a substantial change has occurred, with limits in the statute.

If you or the other parent plans to move, Utah Code 81-9-209

What counts. Relocation means “moving 150 miles or more from the residence of the other parent”.
Notice. The relocating parent gives written notice to the other parent “at least 60 days before” the move, with the statements the statute requires about following the parent-time schedule and not interfering.
Hearing. On a motion by either side, or on the court’s own motion, the court holds a hearing to review the notice and make orders on the schedule and travel costs.
Consequences. If the court finds the relocation is not in the child’s best interest and the custodial parent moves anyway, the court may order a change of custody. If the move is approved, the court sets the schedule and allocates transportation costs, considering the reason for the move, added costs, and each parent’s resources.

Fees, and rules that apply when you file

Frivolous filings. If an action to modify is filed or answered frivolously and to harass, the court shall assess attorney fees as costs against that party.
Petition denied. If a petition to modify custody or parent-time is denied, the court orders the petitioner to pay the other side’s reasonable fees if it finds the petition was “without merit and not asserted or defended against in good faith”.
Make-up time. When a motion alleges a parent did not follow a parent-time order, the court shall award reasonable make-up parent-time unless that is not in the child’s best interest, and may award fees and costs.

Forms and filing

Not the divorce decree form. The Utah courts’ form 1145FA, a petition and stipulation to modify a divorce decree, says: “Do not use this form if you are asking to modify custody”. It also names parent-time and child support as outside the form.
Custody form. We did not find or read the Utah court form for a custody or parent-time modification. Ask the clerk of the court that entered your decree, or the Utah courts’ self-help center, for the current form.

What we could not confirm

Case law. We read no Utah appellate decision, so we cannot say how courts apply “substantial and material” or the parent-time standard, or how they treat a change of custody following relocation.
Other sections. We did not read 81-9-205 beyond what section 208 cites (the joint custody presumption and dispute resolution rules), the parent-time schedules in Part 3, the jurisdiction act, mediation or parenting-class rules, filing fees, fee waivers or local rules.
Upcoming versions. Sections 81-9-202 and 208 have versions that take effect on 1 January 2027 and 5 May 2027. We did not review the later changes.
Forms. We have not confirmed any statewide modification form for custody or parent-time.

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