Utah law requires you to give at least 60 days’ written notice before relocating with your child. If the other parent objects, the court will decide whether the move is in the child’s best interests. You cannot simply pack up and go without following the legal process.
After a divorce, life keeps moving. A new job opportunity, a relationship, family support, or simply a fresh start can all lead a parent to consider relocating out of state. But when children are involved, moving is not as simple as making a decision and loading the truck. Utah has specific legal requirements for parents who want to relocate with a child, and ignoring them can have serious consequences.
Utah’s Relocation Notice Requirement
Under Utah Code §81-9-209, a relocation occurs when a parent moves 150 miles or more from the residence of the other parent. The relocating parent must give written notice at least 60 days before the intended move. The notice must include the statutory affirmations concerning compliance with the applicable parent-time schedule and noninterference with the other parent’s court-ordered parental rights.
This notice requirement exists so the other parent has time to respond. If they agree to the relocation, the parents can work together to adjust the custody schedule. If either parent files a motion, the court must schedule a hearing to review the relocation notice and applicable parent-time schedule.
What Happens If the Other Parent Objects
When a parent objects to the proposed relocation, either parent may ask the court to review the arrangement. The court holds a hearing and may consider any relevant factor in determining whether the move serves the child’s best interests, including the reason for the move, the impact on the child’s relationship with each parent, and whether there is a workable plan to preserve parent-time.
The court considers factors like the quality of life the child would have in the new location, the strength of the child’s ties to their current community, and whether the relocating parent has proposed a realistic revised parent-time schedule.
Factors the Court Weighs
Judges look closely at whether the move is being made in good faith or whether it appears designed to interfere with the other parent’s relationship with the child. A parent relocating for a well-documented career opportunity with a detailed plan for maintaining the child’s time with the other parent may have a stronger case than someone who simply wants to move without a clear reason.
The child’s age, school situation, and emotional ties also factor in. Older children who are established in their schools and social circles may weigh differently than younger children. The court wants to see that you have thought through how the move affects every part of your child’s life.
What Happens to the Custody Schedule
If the court determines that the relocation is in the child’s best interests, the parent-time schedule and allocation of transportation costs will need to be addressed. The revised schedule typically includes extended time during school breaks, holidays, and summer to compensate for the reduced weekly contact. Transportation costs and logistics also need to be addressed in the new order.
A well-thought-out proposed schedule that shows you are committed to keeping the other parent involved goes a long way with the court.
What Happens If You Move Without Permission
Failing to provide the required relocation notice is contempt of the court’s order and can lead to further court intervention concerning custody, parent-time, and transportation. A parent should obtain legal advice before relocating.
No matter how strong your reasons are for moving, following the legal process protects you and your children.
Get Legal Guidance Before You Plan a Move
If you are considering a relocation after your divorce, talk to an attorney before you make any commitments. The legal requirements are specific, and how you handle the process from the very first step can affect the outcome. At Law Elevated, we help parents navigate relocation cases with the preparation and care they require. Contact our team to talk through your situation. We will help you understand your options and plan your next steps.
Your Partner in Peace of Mind,
This material is intended for educational purposes only and does not create an attorney-client relationship or constitute legal advice.
