How to Modify Utah Parent-Time
Short answer: Utah courts can modify a parent-time (visitation) schedule when there's been a change in circumstances since the last parent-time order — generally a lower bar than the "material and substantial change" standard used for custody itself, since parent-time modifications are about adjusting the schedule, not changing who has legal or physical custody.
Who this guide is for
Parents with an existing Utah parent-time order who need the schedule adjusted — because of a work schedule change, a move, the child getting older, or other shifting circumstances.
Parent-time vs. custody: why the distinction matters
"Parent-time" refers to the specific schedule of when each parent has the child — it's the practical calendar. "Custody" refers to the broader legal and physical custody designation. You can modify the parent-time schedule without changing the underlying custody arrangement, and the standard for doing so is generally less demanding than modifying custody itself.
What can justify a parent-time modification
- A parent's work schedule changing in a way that no longer fits the existing schedule
- The child's needs changing as they get older (school activities, social commitments, etc.)
- A parent relocating, affecting the practical logistics of the existing schedule
- The existing schedule proving unworkable in practice, even if it seemed reasonable on paper
The process
- File a petition to modify parent-time with the court that issued the existing order.
- Serve the other parent.
- Present the change in circumstances justifying the requested adjustment.
- The court decides — through agreement, mediation, or a hearing if the parents don't agree.
If you and the other parent agree on a new schedule
As with other family law modifications, an agreed change still generally needs to be formalized through the court to be enforceable — an informal understanding between parents, without a court order reflecting it, isn't the same as a legally binding schedule.
Utah's statutory parent-time guidelines
Utah has statutory schedules that serve as a starting reference point for parent-time (minimum schedules, and different guidelines depending on the child's age and other factors) — these can be a useful benchmark when negotiating or presenting a proposed modification, though courts have discretion to deviate based on the specific family's circumstances.
Frequently asked questions
Do I need to prove the same "material and substantial change" standard as for custody? Generally no — parent-time modification uses a "change in circumstances" standard, which is commonly understood to be a lower bar than the custody modification standard, though the specifics matter and are worth confirming for your situation.
Can parent-time be modified temporarily, like for a specific event or season? Courts can sometimes address short-term or temporary adjustments differently than permanent modifications — clarify with the court whether you're seeking a temporary or ongoing change.
What if the other parent isn't following the current parent-time order? That's a different issue — enforcement of an existing order — rather than modification of it. Both are worth understanding as separate paths depending on what you're actually trying to accomplish.