Legal Question in Family Law in Utah
In Utah, for substantial change of circumstance in a child custory case, does the substantial change of circumstance have to be with the custodial parent or can the non-custodial parent have a substantial change of circumstance.
Asked on 9/17/10, 12:02 pm
2 Answers from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Either or both may have a substantial change of circumstances to justify a modification of a decree.
Answered on 9/22/10, 12:48 pm
Cory Wall
Cory R. Wall, Attorney at Law, P.C.
It can apply to either one. Not only do you have to establish the substantial and material change in circumstances, you must also establish, to the court's satisfaction, that the requested modification of the previous custody order is in the best interests of the child(ren).
Answered on 9/22/10, 12:55 pm