Family Law Attorney in Utah
Child Custody Modification Specialized Representation Tailored to Your Goals

Child Custody Modification Lawyers in Salt Lake County

Helping Parents Adjust Custody Orders

An existing court order for child visitation or custody can be modified. If you have decided to seek a modified child custody order, then you first need to be aware of the various forms of custody that are possible for you to obtain through a court judgment. Then, you should understand the steps you will need to follow to have your modification request considered and decided by the court.

Eric M. Swinyard & Associates, PLLC is here to help you through the process and to provide the results-driven representation you need. From our office in Draper, you can count on our child custody modification lawyers to stand up for you as you fight to achieve your goals in Salt Lake County and Utah County.

Contact us online or call (801) 515-4133 to get started with a free consultation.

Steps for Filing a Petition for Child Custody Modification in Utah

Filing a petition with the Utah court to modify an existing child custody order requires several steps.

To do so, you will have to:

  • Explain how you would like the existing custody order to be changed. Keep in mind that the court may not give you what you ask for.
  • Pay a filing fee.
  • File all required child custody modification forms with the Clerk of the Court.
  • Have the other party properly served with copies of all papers you are filing with the court, and with the Writ of Summons, which the Civil Clerk of the Court will provide.
  • File a Request for Hearing or Proceeding (your Petition to Modify Child Custody will not be sufficient to get your case heard in court. You may also be required to file a Request for Hearing or Proceeding).
  • Educate yourself on what will be expected in addressing your case in court, what you should expect to happen in court, and what should be done if/when various issues arise in a custody proceeding.
  • Attend the court hearing.

How to Succeed in Your Child Custody Modification Case

Child custody cases are typically among the most complex and difficult kinds for judges to decide. If your petition for a custody modification is being contested by the other party, you should not proceed with your case alone. Contact a qualified Salt Lake County child custody modification lawyer to help you through the legal process and to stand with you in court.

Eric M. Swinyard & Associates, PLLC can ensure that:

  • All legal requirements are met at every stage of the process
  • All Utah court system procedural rules are obeyed
  • Your rights under Utah and U.S. federal law are fully protected

Keep in mind that nearly two dozen forms are required by the court in petitioning for modification of a child custody order.

Jurisdiction

A court can only modify child custody orders over which it has legal “jurisdiction.” Determining jurisdiction can be quite complex. If the current order was issued by a court in another state, or if the child or parents reside outside of Utah, the question of jurisdiction can become complicated. Before you pursue a custody modification, let us help you determine the appropriate jurisdiction in which to file your petition.

Explore Alternative Dispute Resolution before Litigation

When you have an existing order for joint physical or legal custody, it probably states what kinds of dispute resolution must be undertaken before either parent can file a petition for modification. For example, the controlling order may require parents to work with a professional mediator to attempt to resolve a custody dispute before petitioning the court.

Changes Justifying a Custody Modification Request

If both parents do not agree to the requested child custody modification, the court is required to establish grounds for child custody modification. It must evaluate changes in circumstances that may have occurred after the existing order was issued by the court, and it must decide whether modifying the existing custody order would better serve the best interests of the child.

Utah courts may approve a custody modification request if:

  • A parent has moved to a different community
  • The child must change schools
  • A parent has remarried

Call Eric M. Swinyard & Associates, PLLC

Our team is dedicated to providing high-quality legal counsel, to fully protecting your rights, and to helping you and your family move beyond difficult legal issues. Our Salt Lake County child custody modification attorneys have extensive experience helping parents achieve their goals.

Call (801) 515-4133 now to get started on your case.

Testimonials

Real Clients. Real Results. 
  • Amy Lee

    He is very prompt with his responses to emails and phone calls which makes the process less stressful.

  • Dalisa

    This was all so stress free. I’m extremely great full for Preston and his staff for putting forth all the time to help me out!

  • Bart

    Highly recommend Eric and Preston without reservation. Their fees are more than reasonable and their service more than expected.

  • Nicolle G.

    I have had an absolutely positive experience through and through with them. They’re professional, empathetic, and ethical. I wish ...

  • Thomas M.

    He handled all matters promptly and thoroughly. He cares deeply about his clients and makes sure their needs are fully understood.

  • Bethany

    He and his office were conscientious about my financial needs and made sure I knew when charges were going to be made, so it ...

  • Logan

    I couldn’t be more pleased with the results and would definitely recommend Eric to anyone looking for a fantastic lawyer and a ...

  • Jared H.

    All issues were handled in a very timely and transparent manner.

  • Sean K.

    Working with Eric was a breeze. He addressed my concerns and laid out several options that were unique to my situation.

  • Robin S.

    If it wasn't for Eric and Preston, I wouldn't have gotten custody of my 2 children.

Meet Our Team

Professional. Confident. Approachable.
  • Eric M. Swinyard Photo
    Eric M. Swinyard

    Founding Attorney

    Eric M. Swinyard is a litigation and small business attorney who serves clients throughout Utah and across the country. He has offices in both Salt Lake County and Utah County. Eric’s practice is focused on providing personalized, high-quality legal services to both individuals and businesses. He regularly assists clients in various practice areas , including divorce , parentage ( paternity ), adoption , debt collection, estate planning , business advice, asset protection, litigation (civil, ...
  • Ryan  Ficklin Photo
    Ryan Ficklin

    Attorney

    Ryan Ficklin is an associate attorney at Eric M. Swinyard & Associates, PLLC. Prior to practicing law in Utah, Ryan practiced family law in Southern California. In 2017, Ryan relocated back to his home state of Utah to focus on serving the people of Utah who need legal representation, particularly in the family law realm. Ryan graduated with honors from California’s Whittier Law School in May of 2015. While in law school, Ryan was a staff member for The Journal of Child and Family Advocacy. Ryan ...
  • Preston  Day Photo
    Preston Day

    Attorney

    Preston Day is an associate attorney at Eric M. Swinyard & Associates, PLLC. Before assuming his position as an associate attorney, Preston spent over two years working as a prosecuting attorney for Salt Lake City and Salt Lake County. During his time as a prosecutor, he managed several hundred cases and took over 100 cases to trial. In his current role, Preston manages primarily divorce , family , and criminal cases . Preston began his legal career working as a law clerk for Judge Richard ...
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