How Can I Change On-Demand Drug Testing Language in My Utah Custody Order?

Attorney Answer

A custody order's wording controls until a court changes it, so if a drug-testing clause feels too open-ended, the fix is to formally modify the order rather than push back on individual requests.

In Utah, custody and parent-time orders can generally be changed one of two ways: both parents agree to new language and submit it to the court as a stipulated modification, or one parent files a Petition to Modify under Utah Code 30-3-10.4 when the other side won't agree. Utah courts generally require showing a substantial and material change in circumstances since the last order, and that the requested change serves the child's best interest, before they'll revisit custody or parent-time terms. A clause letting one parent demand testing "any time" is common in orders where substance use was a concern, but courts can narrow that kind of language, for example to require reasonable cause or a defined process, if you can show why the current wording isn't working.

Practical steps

1. Re-read the exact clause and note whether it defines any standard at all, such as reasonable suspicion, a testing schedule, or cost allocation, or whether it is truly open-ended. 2. Until it's changed, comply with the order as written. Refusing a test the order authorizes can be used against you in a modification or contempt proceeding. 3. Document each request, including dates, method, and whether it seems tied to any real concern, since a pattern of requests untethered to any actual issue can support narrowing the clause later. 4. Ask about mediation first. Many Utah courts either require or strongly encourage it before a modification petition, and it is often faster and cheaper than litigating. 5. If mediation doesn't resolve it, a family law attorney can help draft a Petition to Modify with proposed replacement language.

Because rewriting court-ordered language always has to go back through the court, since informal agreements between parents about custody terms generally aren't enforceable on their own, working with a Utah family law attorney on the specific replacement wording will protect you better than renegotiating it directly.

This is general legal information, not legal advice. A local lawyer in Utah can advise you on your specific situation.