Can I Move With My Child After a Divorce in Utah? Relocation and Custody Rules Explained
Moving after a divorce can be complicated when children and a custody order are involved. A new job, family support, remarriage, housing costs, or other life changes may make relocating seem necessary, but a move can also significantly affect the other parent’s relationship with the child.
If you are considering moving with your child after a divorce in Utah, it is important to understand how Utah’s relocation rules may affect custody and parent-time before making the move.
Under Utah law, a relocation generally occurs when a parent plans to move 150 miles or more from the residence of the other parent. In that situation, specific notice and parent-time requirements may apply.
Larsen Law Firm helps parents in Provo, Springville, Spanish Fork, Payson, and throughout Utah County understand custody, relocation, parent-time, and divorce-related legal issues.
What Counts as Relocation Under Utah Law?
For purposes of Utah’s relocation law, relocation generally means moving 150 miles or more from the residence of the other parent.
That distinction matters because Utah has a specific legal process for relocations that meet the 150-mile threshold.
A custody or parent-time order may already contain provisions explaining what happens if either parent moves. If the existing order addresses relocation, those provisions should be reviewed carefully before making any plans.
If your order does not address relocation, Utah law provides a process for addressing how the move will affect the child and the existing parent-time arrangement.
Can I Move With My Child After a Divorce in Utah?
Possibly, but having custody does not necessarily mean you can move a significant distance with your child without addressing the existing custody and parent-time order.
For a relocation of 150 miles or more from the other parent, Utah law generally requires the relocating parent to provide written notice before the planned move.
If the move creates a disagreement between the parents, the court may become involved in determining how relocation will affect the child, custody, and parent-time.
This is why parents should address relocation before moving rather than assuming an existing custody arrangement will automatically continue unchanged.
How Much Notice Do I Have to Give Before Relocating?
Under current Utah law, a parent planning a qualifying relocation must generally provide the other parent with written notice at least 60 days before the intended move.
The notice must address the applicable parent-time arrangement and affirm that the parents will not interfere with one another’s court-ordered parental rights.
Providing notice gives the parents an opportunity to address how the move will affect their existing parenting arrangement before the relocation occurs.
Waiting until immediately before a move can make an already difficult custody situation much more complicated.
What Happens If the Other Parent Objects to the Move?
If the parents disagree about the relocation, either party may ask the court to address the issue.
The court can hold a hearing to review the proposed relocation, the existing parent-time arrangement, and how parenting should work if the move takes place.
When determining whether the relocation of a custodial parent is in the child’s best interests, the court may consider factors relevant to the family’s circumstances.
The central issue is not simply whether the relocating parent wants or needs to move. The court also considers how the relocation will affect the child and the child’s relationship with both parents.
Can a Utah Court Stop Me From Moving?
A court’s decision often focuses on the child’s custody and parent-time arrangement rather than simply controlling where an adult chooses to live.
However, the consequences can be significant.
If a court determines that relocation is not in the child’s best interests and the custodial parent chooses to relocate anyway, Utah law allows the court to consider a change in custody.
Because of that possibility, parents considering a major move should address custody issues before relocating with a child.
What Does the Court Consider in a Utah Relocation Case?
Every relocation case is different, and the court may consider factors relevant to determining what is in the child’s best interests.
When addressing parent-time following an approved relocation, Utah law specifically directs courts to consider matters such as:
- The reason for the relocation
- The additional cost or difficulty of exercising parent-time
- The financial resources of both parents
- Other factors the court considers relevant
A move for employment, family support, education, remarriage, or another legitimate reason may still require the court to determine how the child’s relationship with the other parent can be maintained.
What Happens to Parent-Time After a Parent Relocates?
A long-distance move often makes the existing parent-time schedule impractical.
For example, a schedule involving frequent weekday visits may no longer work when the parents live several hours apart.
When a qualifying relocation occurs, the parents may agree on a new schedule, or the court may establish one.
Utah law provides a minimum relocation parent-time framework for children ages 5 through 18 unless the court orders something different. This can include extended periods during school breaks, summer parent-time, certain holidays, and one weekend per month at the noncustodial parent’s option and expense.
For children younger than five, the court may establish a schedule based on factors such as the child’s age, developmental needs, distance between the parents, travel arrangements, and relationship with the noncustodial parent.
Who Pays for Travel After a Parent Moves?
Transportation can become an important issue when parents live far apart.
If a Utah court determines that the relocation is in the child’s best interests, the court can establish a new parent-time schedule and allocate the transportation costs involved in maintaining that schedule.
The court may consider the reason for the move, the additional transportation burden, and each parent’s financial resources when determining how those costs should be handled.
This can include expenses associated with driving or other travel needed for the child to spend time with the other parent.
Do I Need to Modify My Custody or Parent-Time Order?
A relocation may make the existing court order difficult or impossible to follow.
For example, a parent who previously lived 15 minutes away might have been able to exercise frequent weekday parent-time. That same schedule may no longer be realistic after a move several hours away.
Depending on the circumstances, the parents may need to modify their custody or parent-time arrangements so that the court order reflects the family’s new situation.
It is generally better to address these changes through the proper legal process than to informally stop following an existing order.
What If I Am Moving Less Than 150 Miles Away?
Utah’s statutory relocation process specifically applies to moves of 150 miles or more from the other parent’s residence.
However, a shorter move can still affect an existing custody or parent-time arrangement.
A move from Provo to another part of Utah, for example, could create transportation, school, or scheduling problems even if it does not meet the statutory definition of relocation.
Parents should review their existing custody order and consider whether the move will interfere with their ability to follow it.
What If I Need to Move for a Job or to Be Closer to Family?
Employment opportunities and family support are common reasons a parent may consider relocating after divorce.
The reason for the relocation is one of the factors a Utah court may consider when determining the appropriate parent-time arrangement following a move.
However, having a good reason for relocating does not automatically resolve the custody issue.
The court must still consider the child’s best interests and how the move will affect the child’s relationship and time with the other parent.
Should I Talk to an Attorney Before Relocating With My Child?
If you are considering moving 150 miles or more from your child’s other parent, speaking with a Utah family law attorney before the move can help you understand your existing custody order and the relocation process.
It may be particularly important to seek legal guidance if:
- The other parent is likely to object
- You share joint physical custody
- Your current order does not address relocation
- The move will significantly change parent-time
- You need to request a custody or parent-time modification
- You believe the other parent is planning to move with your child
Addressing these issues before the relocation can help avoid disputes and uncertainty later.
Utah Relocation and Child Custody FAQs
How far can I move with my child after a divorce in Utah?
Utah’s statutory relocation process generally applies when a parent moves 150 miles or more from the residence of the other parent. Your existing custody order may contain additional requirements that should be reviewed before moving.
How much notice is required before relocating in Utah?
For a relocation covered by Utah’s relocation statute, the relocating parent generally must provide written notice to the other parent at least 60 days before the intended move.
Can my ex stop me from moving with my child in Utah?
The other parent can ask the court to address a proposed relocation. The court may review whether relocation is in the child’s best interests and determine how custody and parent-time should be handled.
Can moving affect custody in Utah?
Yes. If the court determines that relocation is not in the child’s best interests and the custodial parent relocates, Utah law allows the court to order a change of custody in appropriate circumstances.
Does moving within Utah still count as relocation?
It can. Utah’s relocation statute focuses on distance rather than simply crossing state lines. A move of 150 miles or more from the other parent’s residence can qualify even if both parents remain in Utah.
Talk With a Utah Child Custody Attorney About Relocation
Moving after divorce is more complicated when a child custody or parent-time order is involved.
Before relocating, it is important to understand your current court order, Utah’s notice requirements, and how the move could affect custody and parent-time.
Larsen Law Firm helps parents in Provo, Springville, Spanish Fork, Payson, and throughout Utah County navigate child custody, parent-time, divorce modifications, and relocation disputes.
If you are considering relocating with your child or the other parent has informed you of an upcoming move, contact Larsen Law Firm to discuss your legal options.
The information in this article is provided for general informational purposes only and does not constitute legal advice. Every custody and relocation matter is different.
