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motion to modify custody

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SABRINADEE

Junior Member
What is the name of your state (only U.S. law)? Is a motion to modify custody denied if I owe back child support? UT
 


I

interex83

Guest
If you're wanting to seek custody, but the other party doesn't agree to the modification then you will have to prove to the court that there is a "change in circumstance". This would be a reason you believe the court should change custody to you, from the other parent. If you can prove a change in circumstance, such as abandonment, child neglect, danger to the other parent, or child or siblings then you have good reason to request a modification, and your arrears would not be a reason to stop, or deny that.

Custody is in the best interest of the child.

I am already involved in a custody issue, and I am behind about $2000 but pay $30 extra a month on top of what my court order payment is, towards the arrears, and my attorney has told me that is not cause for denial.
 

Just Blue

Senior Member
If you're wanting to seek custody, but the other party doesn't agree to the modification then you will have to prove to the court that there is a "change in circumstance". This would be a reason you believe the court should change custody to you, from the other parent. If you can prove a change in circumstance, such as abandonment, child neglect, danger to the other parent, or child or siblings then you have good reason to request a modification, and your arrears would not be a reason to stop, or deny that.

Custody is in the best interest of the child.

I am already involved in a custody issue, and I am behind about $2000 but pay $30 extra a month on top of what my court order payment is, towards the arrears, and my attorney has told me that is not cause for denial.
What does advice given by your attorney in IL have to do with a MODIFICATION of custody in UT??

The OP NEVER said s/he was attempting to get a custody change...S/he is going for a modification, which DOES NOT REQUIRE a COC.




Custody is in the best interest of the child.
Well... DUH!:rolleyes:
 

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