78A-6-1103 - Modification or termination of custody order or decree -- Grounds -- Procedure.
78A-6-1103. Modification or termination of custody order or decree -- Grounds --Procedure.
(1) A parent, guardian, or next friend of a child whose legal custody has been transferredby the court to an individual, agency, or institution, except a secure youth corrections facility,may petition the court for restoration of custody or other modification or revocation of the court'sorder, on the ground that a change of circumstances has occurred which requires suchmodification or revocation in the best interest of the child or the public.
(2) The court shall make a preliminary investigation. If the court finds that the allegedchange of circumstances, if proved, would not affect the decree, it may dismiss the petition. Ifthe court finds that a further examination of the facts is needed, or if the court on its own motiondetermines that the decree should be reviewed, it shall conduct a hearing. Notice shall be givento all persons concerned. At the hearing, the court may enter an order continuing, modifying, orterminating the decree.
(3) A petition by a parent may not be filed under this section after the parent's parentalrights have been terminated in accordance with Part 5, Termination of Parental Rights Act.
(4) An individual, agency, or institution vested with legal custody of a child may petitionthe court for a modification of the custody order on the ground that the change is necessary forthe welfare of the child or in the public interest. The court shall proceed upon the petition inaccordance with Subsections (1) and (2).
Renumbered and Amended by Chapter 3, 2008 General Session