What Is a Petition to Modify?

Sometimes, things don’t work out like you thought they would. We can plan and plan, but reality just doesn’t match what we thought would happen.

When this happens after a divorce or child custody case, you often have to change around your divorce decree or child custody order.

Maybe instead of sharing 50/50 parent-time, your ex has pawned the kids off on your 90% of the time, but he’s still paying no child support. That situation is begging for a change.

Maybe your ex is in a violent new relationship and you need the kids with you the vast majority of the time. Something has to change.

Petition to Modify

In situation like those above (and a thousand other situations), you’ll need to file a petition to modify.

A petition to modify is nothing more than a request to change your decree or order.

The how-to of a petition to modify is pretty simple. First, you tell the Court what your decree or order says right now. Second, you tell the Court the specific changes you want to make. Third, you tell the Court the changes that have occurred that make those changes necessary.

(There’s slightly more to it than that — there’s always more to it when lawyers are involved — but that’s the gist of things.)

It’s important to keep in mind that filing a petition to modify is the first step in the process of changing your decree or order. Unless there is an emergency situation, step two in the process is usually mediation.

If mediation doesn’t work, then you may need a custody evaluation (if you are requesting a change in custody), you may move on to trial.

Published On: April 18th, 2017Categories: ModificationComments Off on What Is a Petition to Modify?
Share This Story, Choose Your Platform!
About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
Contact Us – We Are Here to Help You

Schedule a time to talk with us – we are here to help you. When you meet with your attorney, we will go over your entire case, your children, your money and everything else that’s important to you. Our goal is to remove the fear associated with divorce by protecting your money and maximizing your time with your kids, all within 3-6 months. We look forward to meeting with you!

Call us 24/7 at 801-685-9999 to Speak with a Live Representative
Get A Legal Consultation With An Experienced Utah Attorney
Your privacy is 100% guaranteed, your information will never be sold or shared.

While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific divorce issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.

The use of the Internet (or this form) for communication with the firm (or any individual member of the firm) does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.