2006 Utah Code - 30-3-10.4 — Modification or termination of order.

     30-3-10.4.   Modification or termination of order.
     (1) On the motion of one or both of the parents, or the joint legal custodians if they are not the parents, the court may, after a hearing, modify an order that established custody if:
     (a) the circumstances of the child or one or both custodians have materially and substantially changed since the entry of the order to be modified; and
     (b) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child.
     (2) A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section 30-3-10.8.
     (3) The order of joint legal custody may be terminated by order of the court if one or both parents file a motion for termination and the court determines that the joint legal custody order is unworkable or inappropriate under existing circumstances. At the time of entry of an order terminating joint legal custody, the court shall enter an order of sole legal custody under Section 30-3-10. All related issues, including parent-time and child support, shall also be determined and ordered by the court.
     (4) If the court finds that an action under this section is filed or answered frivolously and in a manner designed to harass the other party, the court shall assess attorney's fees as costs against the offending party.

Amended by Chapter 142, 2005 General Session