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Relocation, parent death may lead to child custody modifications

For many Utah parents, the hardest part of their divorce cases may have been learning the terms of their custody orders. It is common for parents to have a set idea of how they want the child custody arrangements to look, but the court may not always agree with their arguments. If parents are unhappy with the order or experience a change in circumstances, they may have reason to seek modifications.

In order to obtain a change to the custody order, a valid reason must exist. One reason for a possible alteration is if one parent is planning to move from the area. If the move will result in the current agreement no longer working, the court may consider a change. However, they will also look at the reason the parent is moving and whether changes to the agreement will disrupt the child's life.

A major reason that a custody order would need to change is if a custodial parent dies. It is not always guaranteed that a parent's death will result in the surviving parent gaining custody, but this is typically the desired outcome. The court will review whether the surviving parent has the means and ability to care for the child, the distance the parent lives from the child's current living arrangements, and whether the child wants to stay with a third-party.

Of course, other reasons may warrant child custody modifications as well. The potential for obtaining a change will depend on the specific situation and the arguments made by the parents. If Utah parents believe that their custody arrangements need revisiting, they may want to discuss their wishes with their legal counsel.

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