Probably.
If your question is, “Does it take a long time to obtain a court order modifying a child custody award?,” the answer is, generally, “Yes.”
I can’t speak for how it works in all jurisdictions, because I I am not licensed in nor do I work in all jurisdictions, but I can tell you how it works in Utah, where I practice divorce and family law, and I can say with some degree of accuracy that it is probably very similar than most other jurisdictions, but you would want to ask a lawyer in your particular jurisdiction to know for sure.
In my jurisdiction, as is likely the case in most jurisdictions if not all of them, child custody awards can be modified. They are not permanent orders that can never be changed. The standard for obtaining a modification of a child custody order, however, is set at a high bar, so that parents are not continuously going back to court seeking modifications of the child custody and parent-time orders. In Utah, to obtain a modification of a child custody or parent-time order, the parent petitioning for the modification must establish that a material and substantial change in circumstances has arisen that warrants or necessitates modifications to the child custody and or parent-time orders. If a parent cannot establish a material and substantial change in circumstances, the custody and or parent-time orders will not be modified.
A petition to modify a child custody order, whether that be modification of the legal custody order or the physical custody order, or in some cases a modification of the visitation or parent-time order, usually takes about a year’s time to get to trial, if the parties don’t settle the lawsuit between themselves out of court sooner.
Utah Family Law, LC | divorceutah.com | 801-466-9277
