A client recently came into the office and wanted our help to have more time with his children. He explained that he had changed jobs and now had more availability to be with his kids. However, his current parent time schedule was very limited. With his new job, and more availability, the client was interested in what parent time he could be awarded.

The client’s ex-wife had remarried and did not want to change the custody order; however, she would be open to letting him have some additional parent time. Understandably, he was not comfortable being kept out of the decision-making process. Therefore, the client wanted to change the current custody order, so it could fit everyone’s schedules.

In order to modify a custody order, we needed to show the following three things:
1. The circumstances of the child or the circumstances of one or both parents have materially and substantially changed;
2. A modification of the order would be an improvement in the best interest of the child; and
3. Both parents have participated in a good faith attempt in a dispute resolution procedure.
The client’s employment had changed, which meets the first requirement.The client also wanted to see his children more, which is generally in the best interests of the children and the second requirement was met. We still needed to meet the third requirement, so the next step was mediation.

Mediation would allow for the man and his ex-wife to compromise and come to a joint decision for a new parent-time plan. Mediation is often faster and less expensive than other options.

If mediation is not an option, or is unsuccessful, we would need to file a Motion for Modification of Parent-time and a Parenting Plan. Like any custody order, the Court decides if a new custody and parent time situation will be in the best interest of the child/children. The court will also consider these factors to determine custody (which is set forth in Utah Code 30-3-10):
1. Evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse;
2. Parent’s demonstrated understanding of, responsiveness to, and ability to meet the developmental needs of the child;
3. The parent’s capacity and willingness to function as a parent;
4. Willingness to allow frequent and continuous contact between the child and the other parent; and others.
The client expressed that such factors would not be an issue for him, and that the court should rule it was in the children’s best interest.

One reason why the ex-wife could have been hesitant in agreeing to a custody modification, is child support. This is because the modification of an order can affect the child support order. Child support calculations are based on the income of each parent as well as the number of overnights the children spend with the non-custodial parent. The client’s new job reduced his income, and he would receive more overnights with his children. Therefore, the child support calculations would change.

When material circumstances change, those involved in custody battles can modify their custody order. The fastest and least expensive way to do this is for both parents to agree on the change (which is called a Stipulated Agreement). Parties must file Stipulated Agreements with the Court.
If the parties cannot agree, they must go to mediation, as we described earlier. If mediation does not work, they will have to go before the court, which is slower and more expensive. The court will attempt to decide what custody situation is in the best interest of the child/children. Remember that other issues can muddy the decisions of the parties. Regardless, parents should attempt to work together for the best interest of their children. That way, both parents can develop and maintain their relationship with their children.