How do I submit a proposed decree of custody and parent time?

[swkelling]

What is the name of your state? UTAH

In the State of Utah, I submitted a request to modify a Divorce Decree for Child Custody and Child Support for a 16-year-old daughter who had been under physical custody of the petitioner. It was contested and we went before the Judge to argue the case. I represented myself and a week after the court hearing the Judge Issued a "Memorandum Decision with Findings of Fact and Conclusion of Law On Cross Petitions to Modify". In the Conclusion of Law, he stated that it is in the best interest of the child that the Decree of Divorce should be modified to award joint legal custody with the defendant awarded primary physical custody and ordered that petitioner should now pay the defendant child support.

My question is this: He stated that the defendant (me), is requested to "submit for signature and entry a proposed decree on the issues of custody and parent time in accordance with the findings of fact and conclusions of law". I'm not sure how this is done. Do I restate the entire original Divorce Decree with the new modifications, or do I just address the current issues in the new Decree? I could really use help on how this should be written. Thanks.

 

[adjusterjack]

My question is this: He stated that the defendant (me), is requested to "submit for signature and entry a proposed decree on the issues of custody and parent time in accordance with the findings of fact and conclusions of law". I'm not sure how this is done. Do I restate the entire original Divorce Decree with the new modifications, or do I just address the current issues in the new Decree? I could really use help on how this should be written.

Then it's time to hire a lawyer to make sure it gets done right. Nobody on the internet is going to give you step by step instructions on how to write it.

 

[Zigner]

Then it's time to hire a lawyer to make sure it gets done right. Nobody on the internet is going to give you step by step instructions on how to write it.

Nor should they, as that would (likely) constitute the unlawful practice of law.

 

[Just Blue]

What is the name of your state? UTAH

In the State of Utah, I submitted a request to modify a Divorce Decree for Child Custody and Child Support for a 16-year-old daughter who had been under physical custody of the petitioner. It was contested and we went before the Judge to argue the case. I represented myself and a week after the court hearing the Judge Issued a "Memorandum Decision with Findings of Fact and Conclusion of Law On Cross Petitions to Modify". In the Conclusion of Law, he stated that it is in the best interest of the child that the Decree of Divorce should be modified to award joint legal custody with the defendant awarded primary physical custody and ordered that petitioner should now pay the defendant child support.

My question is this: He stated that the defendant (me), is requested to "submit for signature and entry a proposed decree on the issues of custody and parent time in accordance with the findings of fact and conclusions of law". I'm not sure how this is done. Do I restate the entire original Divorce Decree with the new modifications, or do I just address the current issues in the new Decree? I could really use help on how this should be written. Thanks.

https://le.utah.gov/xcode/Title30/Chapter3/30-3.html

 

[zddoodah]

Your question calls for legal advice that only a UT family law attorney should be providing.

 

[LdiJ]

What is the name of your state? UTAH

In the State of Utah, I submitted a request to modify a Divorce Decree for Child Custody and Child Support for a 16-year-old daughter who had been under physical custody of the petitioner. It was contested and we went before the Judge to argue the case. I represented myself and a week after the court hearing the Judge Issued a "Memorandum Decision with Findings of Fact and Conclusion of Law On Cross Petitions to Modify". In the Conclusion of Law, he stated that it is in the best interest of the child that the Decree of Divorce should be modified to award joint legal custody with the defendant awarded primary physical custody and ordered that petitioner should now pay the defendant child support.

My question is this: He stated that the defendant (me), is requested to "submit for signature and entry a proposed decree on the issues of custody and parent time in accordance with the findings of fact and conclusions of law". I'm not sure how this is done. Do I restate the entire original Divorce Decree with the new modifications, or do I just address the current issues in the new Decree? I could really use help on how this should be written. Thanks.

The judge is asking you to right up the orders that he has verbally made, so that the judge can sign them and make them official. If you cannot figure out how to do that, then you need to have an attorney do it for you.

 

[swkelling]

Thanks, LdiJ. That's really all I was asking. Can't really afford an attorney right now. I lost my business due to the damn virus! Went through this whole thing so far all on my own and actually won without an attorney, why start now!

 

[swkelling]

I guess I should also mention that my ex did have an attorney...

 

[Ohiogal]

I guess I should also mention that my ex did have an attorney...

Then expect that nothing changes until such is done and if you cannot do it correctly, it will not be changed. Until then you will not receive child support.

 

[adjusterjack]

Can't really afford an attorney right now.

Make phone calls. Somewhere there will be an attorney that is willing to write up one document for a few hundred dollars. You can pay a little now or it will cost you a lot later if you get it wrong.

 

[Litigator22]

What is the name of your state? UTAH

In the State of Utah, I submitted a request to modify a Divorce Decree for Child Custody and Child Support for a 16-year-old daughter who had been under physical custody of the petitioner. It was contested and we went before the Judge to argue the case. I represented myself and a week after the court hearing the Judge Issued a "Memorandum Decision with Findings of Fact and Conclusion of Law On Cross Petitions to Modify". In the Conclusion of Law, he stated that it is in the best interest of the child that the Decree of Divorce should be modified to award joint legal custody with the defendant awarded primary physical custody and ordered that petitioner should now pay the defendant child support.

My question is this: He stated that the defendant (me), is requested to "submit for signature and entry a proposed decree on the issues of custody and parent time in accordance with the findings of fact and conclusions of law". I'm not sure how this is done. Do I restate the entire original Divorce Decree with the new modifications, or do I just address the current issues in the new Decree? I could really use help on how this should be written. Thanks.

I think you are underrating yourself. I think you are quite capable of preparing a proposed order.

After all you were successful in drafting and submitting your cross petition for modification - no mean task for a layperson. Not to mention exhibiting the ability during a contested custody hearing to persuade the judge to rule favorably on your motion.

Now all you need is to draft and submit a proposed order incorporating the judge's findings of fact and rulings as announced from the bench. Much the same in the language presented in your cross petition. (With copy to opposing counsel, of course.)

If the judge doesn't approve, he or she will let you know as to what corrections or changes are needed. Sooner or latter a conforming written order will be entered. It just a necessary process. But any delay is not going to have any consequences on the affected parent's obligation to pay child support. It is possible that none will be received pending the formalization of the order, but the duty commenced and will accrue as intended by the court's rulings as announced from the bench. (Hopefully, you took good notes.)

Good luck